MD appeals court finds cemetery negligent in PG County man’s disinterment

A cemetery is liable for negligence in the disinterment of a Prince George’s County man whose remains were handled “like he was roadkill,” the Maryland Appellate Court ruled.

In a reported opinion written by Judge Kathryn Grill Graeff and filed last month, the Maryland Appellate Court found that Osiris Holding of Maryland, LLC breached its duty to exercise reasonable care by failing to have a mortician present to transfer the remains of a Prince George’s County man.

Patricia Daniels, the mother of Gregory Daniels, filed a complaint against the cemetery in 2019, alleging breach of contract and negligence, among other claims. According to the opinion, the cemetery informed Daniels that her son’s body would need to be moved to a different burial plot because he was buried in the wrong plot. Daniels eventually agreed to the disinterment.

During the disinterment, cemetery operators cracked the lid of her son’s outer burial container, causing the container to fall and Daniels to see her “son’s head hanging.” Cemetery operators later attempted to lift the burial container out of the ground, but the container’s lid came off, causing the container to fall back into the freshly excavated hole and Daniels’ son’s body to “pop in the air” and his remains “partially spil[l] on the ground.”

According to the opinion, a cemetery operator then “got a shovel and picked [Daniels’] son up like he was roadkill,” and later used a backhoe to flip the burial container right side up.

Daniels’ son was not placed in a casket or coffin in accordance with Muslim burial traditions, which requires the decedent’s remains to be wrapped and shrouded in a cloth, with the remains placed directly into an outer burial container, the opinion states.

A jury for the Prince George’s County Circuit Court awarded Daniels $357,000 in noneconomic damages, plus $3,040 in expenses.

On appeal, the cemetery argued that Daniels presented no expert testimony relating to the standard of care for cemeteries in Maryland, and similarly failed to present evidence that the cemetery breached any duty owed to her during the disinterment.

“Based on the evidence presented, and the inferences that could be drawn from that evidence, a reasonable fact finder could determine that Osiris breached its duty to exercise reasonable care by failing to have a mortician present to transfer Mr. Daniels’ remains to a new (outer burial container) when the OBC in which he was buried became compromised,” the Maryland Appellate Court wrote.

Counsel for Osiris Holding did not immediately respond to The Daily Record’s request for comment.

Kellie Barnes, counsel for Patricia Daniels, praised the appellate court’s ruling.

“I think the court got it right,” Barnes said in a phone call Wednesday. “What happened here is pretty egregious. It’s something that I think any human being, just looking at the basic facts, would be appalled.”

Barnes said that while disinterments are uncommon, she hopes the ruling sends a message.

“I hope this sends a message that when you’re dealing with families who are unfortunately thrust into this situation, you do it right and you treat them properly, and you have all the right personnel present,” Barnes said.