Asa Lee Dale v. Thomas Funeral Home, Inc.
Nebraska Supreme Court
1Opinion of the CourtShanahan, J.
Asa Lee Dale sued Thomas Funeral Home, Inc., for intentional infliction of emotional distress resulting from a refusal to release the corpse of Dale’s husband until an embalming bill was paid. The district court directed a verdict for Thomas. Dale appeals, and we affirm.
STANDARD OF REVIEW
A party against whom a motion to dismiss is directed is entitled to have all relevant evidence accepted or treated as true, every controverted fact as favorably resolved, and every beneficial inference reasonably deducible from the evidence. [Citation omitted.]
“A court cannot decide an issue as a matter of…
2Cases cited10 opinions
- White v. AbramsCourt of Appeals for the Ninth Circuit · 1974
- Rahmig v. Mosley MacHinery Co.Nebraska Supreme Court · 1987
- State v. CoppleNebraska Supreme Court · 1987
- Burns v. Veterans of Foreign WarsNebraska Supreme Court · 1989
- Gall v. Great Western Sugar Co.Nebraska Supreme Court · 1985
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3Cited by19 opinions
- Roth v. WieseNebraska Supreme Court · 2006
- State v. JasperNebraska Supreme Court · 1991
- Chapman v. Union Pacific RailroadNebraska Supreme Court · 1991
- Braylock v. JessonSupreme Court of Minnesota · 2012
- Eccleston v. ChaitNebraska Supreme Court · 1992
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