Chisum v. Behrens

BERNDT, Circuit Judge.

Plaintiff, Agnes P. Hight Chisum, initiated this action to seek actual damages for mental anguish and physical illness, together with exemplary damages, following her husband’s untimely death. She alleged violation of her right to immediate possession of the body of her husband by defendants, Harry Behrens, Jon Behrens and Behrens Mortuary, Inc., and further, that defendants without her consent had made dissections and incisions into the body for the purpose of embalming.

The original complaint alleged that defendants acted recklessly and unlawfully. The trial court…