Joann Stephen’s family is suing mortuary for wrongful cremation
Joann Stephens, left, poses for a photo with her son Jason Glenn, who is suing an Arizona morgue claiming his mother was cremated against her will. (Photo courtesy of the family)
The family of a woman who was planning an open-casket funeral for her beloved mother filed a lawsuit against a Phoenix morgue after they allege the undertaker cremated her remains against her will.
Family members of Joann Stephens are suing the Eastlake mortuary over the cremation of the remains of their mother Joann Stephens, who died in November aged 86 after suffering from dementia.
“We were just a bunch of emotions here,” her son Jason Glenn said in an interview. “We didn’t know how on earth something like this could go wrong,” he said. “You really don’t know how to react to something like that.”
The lawsuit, filed Monday in Maricopa County Superior Court, alleges breach of contract, negligence and negligent infliction of emotional distress. The family alleges the behavior of the mortician workers was extreme and outrageous and knew their behavior would cause severe emotional distress to the family.
They accuse undertakers of “willfully, recklessly or negligently” mutilating or operating on their bodies and preventing its proper internment.
“The defendants’ conduct described above was despicable and committed with malice, repression and/or reckless disregard for the rights and welfare of the plaintiffs,” the lawsuit states.
The family said they received an apology and a refund, but never an explanation of how it happened. They have no proof of the identity of the remains, and they are unsure if the ashes they received were theirs.
Eastlake Mortuary officials did not immediately respond to a request for comment.
Everything went down, the family said after paying for the morgue to transport and store Stephen’s remains and prepare her body for viewing. Services included embalming, dressing and hairstyling, makeup and a coffin for viewing.
The morgue would also arrange the viewing and memorial service at a nearby church, all to her liking.
But things went horribly wrong, the lawsuit said.
When the family showed up at the morgue to complete preparations for the funeral service, they were told there would be no funeral service. Her mother’s body had been cremated by mistake the day before.
Family members flew in from across the country for the service.
“Stephens should be buried in accordance with her wishes,” the lawsuit said. “The whole family was devastated”
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