The daughters of a Granite City man who died while fishing in Canada claim their father’s body sat in a warehouse at St. Louis Lambert Airport for three days, suffering from rapid decomposition, because funeral homes in Canada and Illinois failed to properly preserve and collect his remains.
Plaintiffs Rachel Ellis and Kimberly Boyd filed the complaint on March 6 in the Madison County Circuit Court against Irwin Chapel Inc., Irwin Chapel, a professional corporation, Christy Chosich and Service Corporation International, doing business as Dignity Memorial. The lawsuit identifies Chosich as an agent of Irwin Chapel.
Ellis and Boyd allege intentional infliction of emotional distress, negligent infliction of emotional distress, interference with the right of the next of kin to possess and preserve the body of decedent, negligence and breach of contract.
The suit states that Edward Boone, 74, died while visiting Canada on Aug. 31, 2022. According to Boone’s obituary, Boone was known for his love of fishing and hunting as well as teasing and telling stories.
“While he took fishing and hunting trips his entire life, his passion was undoubtedly his family,” Boone’s obituary states. “There was never a time that he was too busy to shoot BB guns, ask advice, or spend time with his kids and grandkids. He was a staple on the sidelines of every sporting event and it was no secret he was their #1 fan. He was a wonderful father, and truly shined as a papa.”
Boone’s daughters, Ellis and Boyd, entered into a contractual agreement with Irwin Chapel in Granite City to safely transport and preserve Boone’s body, prepare him for viewing for the family and arrange funeral services to the plaintiffs’ expectations.
Ellis and Boyd claim Boone’s body was taken to Brown Funeral Home and Cremation Centre in Kenora District in Canada, which is identified in the complaint as a Service Corporation International funeral home. The defendant was allegedly responsible for the preparation, care and transport of Boone’s body from Canada to St. Louis.
However, on Sept. 5, 2022, the plaintiffs claim they were contacted by an employee of Irwin Chapel who stated that Boone’s body was “not in good shape” and the employee needed to have a “tough conversation” with them. The plaintiffs claim they saw Boone’s body that same day, which was in a state of decomposition.
However, Ellis and Boyd claim the defendants acted in “extreme and outrageous” conduct when they failed to properly clean, embalm, store and transport Boone’s body.
Additionally, when Boone’s body arrived in St. Louis, the defendants allegedly failed to properly arrange an appointment with the Customs Office at St. Louis Lambert International Airport.
Because the defendants did not obtain Boone’s body in a timely manner from the airport, Boone’s body remained in a warehouse at the airport for three days and began the stages of decomposition at a rapid pace. When Boone’s body arrived at the funeral home in Granite City, it was in a state of rot and decay.
As a result, Boone’s family was “unable to properly exercise their right to possess and preserve the remains of the decedent due to the decomposition of the remains.”
They claim they were unable to properly grieve their father due to the defendants’ negligence.
Ellis and Boyd claim the defendants should have known there was a high probability that their conduct would cause severe emotional distress for Boone’s family.
“Moreover, during the funeral arrangement process, the defendants, and/or its agents were antagonistic towards plaintiff, failed to communicate clearly, and failed to honor plaintiff’s requests, which created additional emotional duress to plaintiff,” the suit states.
Irwin Chapel has not yet responded to a request for comment.
The plaintiffs are represented by attorney Tonya Genovese of The Gori Law Firm PC in Edwardsville.
Madison County Circuit Court case number 24-LA-335