Espinoza v. Bowerman-Halifax Funeral Home

Does the term "remains” appearing in the statute governing mortuary science and practice, MCL 338.870(6); MSA 14.509(10)(6), 1 include only the body of the deceased or does it also include the clothing worn by the deceased at the time of death? On November 3, 1981, the trial court ruled that the term did not include clothing, and granted defendant’s motion for summary judgment. Plaintiffs appeal of right. This question of first impression comes to us on facts which are not disputed and are derived from the pleadings.

On July 12, 1978, the Alger County Sheriff’s Department discovered the dead…