Legal Opinion
Benson v. Superior Court
California Court of Appeal
Decided May 25, 2010No. A127285, A127305PublishedCited by 9 opinions
1Opinion of the Court
Opinion
REARDON, J.
A county coroner conducting an inquiry into cause of death has no duty to obtain consent from next of kin before retaining a part of the decedent’s body to determine cause of death, or for scientific investigation or coroner training. We therefore grant the petitions for extraordinary relief filed by defendants in the underlying action and direct the trial court to enter judgment for defendants.
BACKGROUND
Twenty-three-year-old Nicholas Picon died unexpectedly at home. On October 26, 2006, defendant Peter A. Benson, M.D., a forensic pathologist, performed a postmortem exam on…
2Cases cited14 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Buss v. Superior CourtCalifornia Supreme Court · 1997
- Christensen v. Superior CourtCalifornia Supreme Court · 1991
- Conroy v. Regents of University of CaliforniaCalifornia Supreme Court · 2009
- Pacific Southwest Realty Co. v. County of Los AngelesCalifornia Supreme Court · 1991
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3Cited by9 opinions
- Quidel Corp. v. Superior Court of San Diego Cnty., California Court of Appeal, 5th District2019
- Shelley v. County of San JoaquinDistrict Court, E.D. California · 2014
- Brown v. Mid-Century Ins.California Court of Appeal · 2013
- Khdrlaryan v. Olympia Medical Center CA2/3California Court of Appeal · 2013
- Opinion No. (2010), California Attorney General Reports2010
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