Court answers questions on missing body parts

By Cy Ryan

Thursday, July 29, 2010 | 5:41 p.m.

CARSON CITY – The Nevada Supreme Court says the close family of a man who man who died in Las Vegas while partying may sue the mortuary over allegations it mishandled the body parts.

Richard Boorman of London, England, died while vacationing in Las Vegas from what appeared to be excessive liquor and drugs at a bachelor party.

The Clark County Coroner’s Office performed an autopsy and removed the internal organs for examination. The office says they were then placed in a plastic bag between Boorman's legs and the remains were sent to Nevada Memorial Cremation Society, formerly called Nevada Funeral Services.

The family in London contended all the internal organs were missing when the body arrived home. There was a rolled up cloth sheet and his organs have never been found. The family filed suit in U.S. District Court in Las Vegas for emotional distress against the mortuary, the coroner’s office and some of its employees.

The federal court asked the Supreme Court for some directions on Nevada law.

The Supreme Court said close family members could join in a suit for emotional distress for alleged negligent handling of the body. And it is not necessary for these family members to see the negligence or demonstrate any physical emotional distress signs.

“Requiring a potential plaintiff to observe or perceive the negligent conduct would essentially grant immunity to persons who negligently handle a deceased’s remains in many instances because the activities of a mortuary mostly occur behind closed doors,” wrote Chief Justice Ron Parraguirre in the court’s unanimous answer to U.S. District Judge Philip Pro.

It will be up to the jury whether a close family member should recover any damages in this suit, he said.

Parraguirre said the Clark County Coroner’s Office has a duty to account for a deceased person’s remains and may be held liable for emotional distress but that is limited to only the person with the right to dispose of the body.

The court noted a coroner may need to dissect a person’s organs and dispose of body parts after the investigation: “While a bereaved may be emotionally upset that the deceased body is not returned with all of its organs, the county coroner cannot be held liable for carrying out the duties of his or her job.”

The court said the person who has the right to dispose of the body in bringing the suit for emotional distress against the coroner’s office does not have to see the alleged mishandling.

The court also said Nevada does not recognize body parts as personal property that can be sold. To decide otherwise, the court said “may create morbid consequences, setting up an incentive for the person with the right to the disposition of the body to sell his or her loved one remains for profit.”

Parraguirre said the court concludes that “Nevada law does not recognize a claim for conversion of a deceased human body or its parts.”