The Spanish Town Funeral Home has been ordered to pay $1.8 million to Elaine Dotting (now deceased) for negligence arising from the badly decomposed body of her husband which was given for storage.

Justice Kay Beckford assessed damages Tuesday in the Supreme Court following a Court of Appeal ruling last year.

Dotting threatened to sue the funeral home for negligence and an agreement was reached between the parties on October 6, 2003 for the funeral home to pay $500,000 in full and final settlement of all claims and damages before November 30, 2003.

Payment lapse

The funeral home paid $250,000 to Dotting, but up to January 2006, the balance was still outstanding.

Dotting, who was represented by attorney-at-law Georgette Scott, sued the funeral home in 2006 to recover damages in negligence.

The funeral home brought an application in the Supreme Court to strike out the suit on the grounds that the agreement in October 2003 nullified any claim in negligence.

Dotting said in documents filed that her husband, Clement, died on February 13, 2003 while she was abroad.

Falling ill

When she went to view the remains of her late husband at the funeral home, she discovered that it had deteriorated almost beyond recognition. Dotting said she fell ill as a result of seeing the body, and produced a medical report to support her claim that she suffered nervous shock and emotional devastation. She died in November last year, but one of her daughters pursued the claim.

The Court of Appeal said Dotting could have sued on the agreement, but opted not to do so and was, therefore, perfectly entitled to pursue her cause in negligence.