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Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

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Jeffrey M. Braxton

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Brooke E. Perez

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Robert H. Stein

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Broward 24/7: (954)764-7377 Toll Free: (877) 566-8759

Palm Beach 24/7: (561) 209-2100 HOME & HOSPITAL VISITS

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Lawsuit alleges negligence, breach of contract after Maria Gonzalez's death

AS SEEN ON

 

FORT LAUDERDALE, Fla. – A South Florida family is suing the Coral Springs Funeral Home for mistakenly cremating a woman’s body before her public viewing.

The lawsuit, filed Jan. 15 in Broward County court, claims the funeral home caused Harry Davila and his four adult children emotional distress by mistakenly cremating the body of Maria Gonzalez before the scheduled viewing for family and friends.

According to the lawsuit, Davila entered into a contract with the Coral Springs Funeral Home for funeral and burial services, including cremation, after his wife died of breast cancer in September.

Davila had informed the staff that he wished to have his wife cremated after the viewing, scheduled for Sept. 20. But on the day before the scheduled viewing, Davila was notified in a telephone call “that his deceased wife’s body was wrongfully cremated,” Fort Lauderdale-based attorneys Robert H. Stein and Jeffrey M. Braxton, of the Injury Law Firm of South Florida, wrote in the lawsuit.

“Plaintiffs were never able to properly say goodbye to their loved one,” they wrote.

Braxton told Local10.com that the funeral home realized its mistake and stopped the cremation midway through the process. He said the Davila family was eventually able to get Gonzalez’s ashes, but the family remains skeptical that the remains are, in fact, hers.

“We don’t know if those are really mom’s ashes,” daughter Lorna Garcia said in a telephone interview from her home in Georgia. “It’s hard for us to believe that what was given to us was mom’s ashes after what happened to us.”

The lawsuit alleges that the funeral home “recklessly and negligently” breached its duty by failing to properly preserve and prepare Gonzalez’s body, wrongfully cremating the wrong body, failing to follow the wishes of the plaintiffs and failing to follow its own policy and procedures in the handling of a dead body.

“It’s very difficult to make a mistake like this,” Braxton said. “It’s unreal what they did.”

Garcia said the family intends to spread the ashes in her mother’s native Puerto Rico.

Davila’s family seeks a jury trial and damages in excess of $15,000.

“We want to make sure that the funeral home doesn’t do that to another family,” Garcia said.

An email to funeral director Brianna Constable seeking comment was not returned.

 

 

Our Personal Injury Attorneys Are Ready to Help

JEFFREY BRAXTON

jeffreybraxton@sfilaw.com

As the lead trial attorney at the firm, Jeffrey Braxton has litigated thousands of cases and helped countless clients to get the compensation they deserve. One of the biggest reasons for his success is that he actually started his law career by working for the opposite side – he was employed by insurance companies to protect them from having to pay out too much in these types of cases. Now, he uses the insight he gained from doing that job to anticipate the arguments that defendants will try to use so he can tear them down while strengthening your own case.

BROOKE ELIZABETH PEREZ

brookeperez@sfilaw.com

A former public defender in Orange County, Ms. Perez brings a unique point of view to personal injury law. After switching to personal injury law, she was recognized as the 2003 “Rookie of the Year” for her part in protecting workers by the Florida Workers’ Advocates. Currently, she serves as lead trial counsel in workers compensation cases for The Injury Law Firm of South Florida and has also tried a number of jury and bench auto accident cases.

ROBERT STEIN

robertstein@sfilaw.com

With two sons, Mr. Stein is particularly invested in holding negligent parties accountable as a way of making the area safer for everyone and in ensuring that families of victims are not overlooked when considering damages. His areas of focus at The Injury Law Firm of South Florida include wrongful death cases and personal injury protection (PIP). In 2017, he was voted to the Florida Legal Elite by Florida Trend. He has been practicing law in the Sunshine State since 1997.

CRAIG POSNER

craigposner@sfilaw.com

A South Florida native, Mr. Posner has had the good fortune to be mentored by some of the most well-respected members of the South Florida legal community, providing him with invaluable experience and knowledge. He earned a BS in Political Science from the University of Central Florida and then studied law at Florida International University College of Law.

Don’t Pay for Someone Else’s Mistake – Contact Us Today

Often, people think of accidents as uncontrollable acts. Bad luck. Things that just happen.

In some cases, this is true. However, sometimes it is the specific acts of others that lead to accidents or their negligence.

If you or a loved one end up hurt because someone else acts recklessly or negligently, you owe it to yourself and your family to hold them accountable and fight for the compensation you deserve.

We can help, but only if you reach out as soon as possible. All you have to do to get the ball rolling is to fill out our simple online contact form or give us a call at one of our convenient numbers:

TOLL FREE: (877) 566-8759

BROWARD 24/7: (954)764-7377

PALM BEACH 24/7: (561) 209-2100

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Office Location and Service Areas

The Injury Law Firm of South Florida handles cases throughout Florida from their Fort Lauderdale office. Here is a list of some of the counties and cities we serve:

Martin County

Breeze Park, Jensen Beach, Jupiter, Sewall’s, Stuart  Point Ocean.

St. Lucie County

Fort Pierce, Port St Lucie.

Lee County

Bonita Springs, Cape Coral, Estero, East Dunbar, Fort Myers, Fort Myers Beach, Sanibel.

Palm Beach County

Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and throughout the greater Palm Beach area.

Broward County

Coral Springs, Deerfield Beach, Fort Lauderdale, Lauderhill, Hallandale, Hallandale Beach, Hollywood,  Pembroke Pines, Pompano BeachMargate, Miramar, North Lauderdale, Plantation, Sunrise, Tamarac, Weston, and throughout the greater Broward area.

Miami-Dade County

Aventura, Coral Gables, Hialeah, Kendall, Miami, Miami Beach, North Miami, South Miami,  Beach, Sunny Isles, and throughout the greater Miami-Dade area.

Collier County