Chelini v. Nieri

Defendant appeals from a judgment entered pursuant to a verdict which awards plaintiff “$10,000.00 for general damages, and $900.00 for exemplary damages.” The award of so-called “general damages” is predicated on defendant mortician’s breach of a contract to preserve the body of plaintiff’s mother and on plaintiff’s physical illness, suffering and disability resulting from his discovery that because of such breach of contract the body became a “rotted, decomposed and insect and worm infested mass.” Recovery of such damages is proper under the rule, laid down in Westervelt v. McCullough…