ELECTRONICALLY FILED 7/9/2012 4:32 PM CV-2012-900910.00 CIRCUIT COURT OF MADISON COUNTY, ALABAMA JANE C. SMITH, CLERK IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA JO TIMMIE HOLMAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF NORMAN HOLMAN, JR., DECEASED, Plaintiff, versus Case No.: CV 2012 - CHARLES L. RAY, JR. an individual, and NORTHERN SEVEN CORPORATION OF ALABAMA, an Alabama corporation, d/b/a/ NELMS MEMORIAL FUNERAL HOME, Defendants. COMPLAINT COMES NOW, the plaintiff, Jo Timmie Holman, as Personal Representative of the estate of Norman Holman, Jr., deceased and would show unto this Honorable Court that: 1. Jo Timmie Holman was the mother of Norman Holman, Jr., and the Personal Representative of his estate. 2012. 2. Norman Holman, Jr., died at Huntsville Hospital on Monday, May 28, 3. Immediately after Norman Holman, Jr. s death, the defendants, operating a business known as Nelms Memorial Funeral Home, picked up his body from the hospital and took it to the funeral home. 4. On Tuesday, May 29, 2012, the parties agreed that the defendants should handle the funeral and burial. The body had to be embalmed because the family could not assemble a funeral for several days. This fact was discussed by the deceased s family and the funeral home. The family requested an open casket at the visitation and funeral.
5. Thereafter, other specific items regarding the funeral and burial were agreed upon including the funeral home providing a vehicle for the family to ride in from the home-place to the church. The times for transportation were agreed upon. The family relied upon the funeral home s promises, representations, and those things that were not said, but understood to be done under the circumstances, regarding these matters. 6. In fact, the body was never embalmed. On Friday, June 8, 2012, eleven days after his death, the funeral home s air conditioning system failed. 7. When the funeral took place as agreed on June 9, 2012, some 12 days after death, things got worse. The funeral home s vehicle was late picking up the grieving family from their home to carry them to the church. The transportation did not get to the home until 11:20 A.M. for a noon funeral. The home was roughly 30 minutes from the church. Then, the funeral home vehicle driver took the family to the wrong church causing further delay, and great anxiety for everyone involved. 8. When the family finally got to the church late, they discovered the body had obviously not been embalmed as agreed, and it smelled bad. It looked bad. The family, the friends, and other mourners were horrified by the smell, the stench that penetrated the room. Some mourners actually left the room because of the smell. His fingernails and other parts of his body were discolored. The family was humiliated. Count One Breach of Contract 9. The plaintiff realleges paragraphs 1 through 8, as if set out in full herein. 10. The defendant breached the contract with the plaintiff in that Defendants agreed to perform embalming services which were not performed, and/or; failed to exercise that degree of skill and care that is commonly exercised by other funeral directors and funeral homes in the community in regard to the above matters. Count Two Negligence or Wantonness 11. The plaintiff realleges paragraphs 1 through 8, as if set out in full herein. 12. The defendants did not conduct themselves with the degree of skill and care commonly exercised by other funeral directors or funeral homes in the community. 13. The defendants were negligent or wanton in regard to the handling of this
situation which caused or allowed the plaintiff to be injured and damaged as described herein. Count Three Outrage or Intentional Infliction of Emotional Distress 14. The plaintiff realleges paragraphs 1 through 8, as if set out in full herein. 15. Defendants intentionally inflicted emotional distress upon the Plaintiff at the hour of need and as a proximate result the plaintiff was injured and damaged as described herein. Count Four Misrepresentation 16. The plaintiff realleges paragraphs 1 through 8, as if set out in full herein. 17. Defendants misrepresented material facts to the plaintiff, specifically that embalming work had been performed on the deceased, when, in fact, little or no work had been performed. The Defendants, through their agents, servants, or employees, also represented that they would take care of the transportation, when in fact they did not. These statements were made willfully to deceive, or recklessly without knowledge, and acted or relied on by Plaintiff, or of made by mistake and innocently and acted on by the plaintiff, proximately causing the plaintiff s injury and damage as described. Count Five Suppression 18. The plaintiff realleges paragraphs 1 through 8, as if set out in full herein. 19. Defendants did not disclose material facts, specifically that embalming work had not been performed on the body, when, in fact the Defendants did not disclose that little was done to make transportation arrangements. The defendants were under an obligation to communicate this information to the plaintiff due to the relationship of the parties and because of the circumstances involved. DAMAGES As a proximate cause of the defendants wrongful omissions and conduct, as set out above, separately and severally, the plaintiff was injured and damaged. Monies were spent, the benefit of the bargain was lost, and the plaintiff has and will suffer mental anguish. Further the acts of the Defendants were accompanied by
circumstances of contumely, fraud, and/or malice, for which punitive damages should be assessed. PRAYER FOR RELIEF WHEREFORE the plaintiff demands judgment against the defendants in a sum of to be determined by the triers of fact, including punitive damages and costs. Respectfully submitted, John A. Brinkley, Jr. BRI049 Plaintiff Demands a trial by Jury. JURY DEMAND Of Counsel OF COUNSEL: BRINKLEY & CHESNUT 307 Randolph Avenue Post Office Box 2026 Huntsville, Ala. 35804-2026 (256 533-3333
CERTIFICATE OF SERVICE I hereby certify that I have properly served a copy of the foregoing upon: Charles L. Ray, Jr. 2501 Carmichael Avenue Huntsville, Ala. 35816 NORTHERN SEVEN CORP. OF ALA. 2501 Carmichael Avenue Huntsville, Ala. 35816 by E-Filing the same with Alafile and/or by placement in the United States Postal Service on this the 9th day of July, 2012.