Funeral home shielded

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 9, 2021 11:20 AM

Raashan Coley’s negligence claim against Bradshaw & Range Funeral Home for allegedly interfering with his right to control the disposition of his deceased daughter’s remains presented the Illinois Appellate Court with a question of first impression about Section 45 of the Disposition of Remains Act. A Lake County judge tossed the negligence claim (Count 3 in Coley’s three-count complaint) based on the portion of Section 45 that says a funeral establishment is not liable — except for “gross negligence or willful acts” — …

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