Re: Is this personal injury?

More | Report Post

Dear Jerry,

A lot of the answer to your question depends on the laws
of Maine. If this had happened in Louisiana, I believe it
would form the basis for a successful damage claim, based on
negligence. If you are still in Maine, I suggest you talk to
one or more Maine lawyers so as to get better and more
helpful information. Good luck to you and your mother!

Sincerely,

Hardy Parkerson, Atty. - Lake Charles, Louisiana

On 5/20/06, Jerry wrote:
> My father passed away in February from a clot induced
stroke. We're in Maine and because of the cold weather,
burial had to scheduled for spring, May 5th at 1 pm to be
exact.
>
> I helped my 85 year old mother pick out a cemetary plot. On
the morning of May 5th at about 9:15 am, the town manager
showed up at the house and said they had made a mistake. The
plot my mother had purchased had already been sold to someone
else.
>
> With about 3 hours to the burial she had to pick a new
plot. I took her to the cemetary and we found another plot
and we were assured this one was available.
>
> Right up until 1 pm my mother worried that maybe another
mistake had been made and that she might have to pick yet
another plot.
>
> Everything was ready at 1 and the burial went ok. Later,
after everyone had gone, I took my mother back to the
cemetary to place some flowers. We discovered my father had
been buried in the opposite direction than my mother wanted
and that she had been promised he would be buried.
>
> She just wanted to get this all behind her and decided just
to leave things alone and not complain because the only way
to correct the problem would be to dig up my father, etc. and
my mother didn't want that. She is still uncomfortable about
the whole situation and wonders what would happen if it is
discovered this plot had been sold to someone else. Would
that mean digging up my father?
>
> Is it possible to take legal action against a town for the
stress they have put her through? I have been told by friends
that towns are immune from legal action. Is that true?