Chrysler Crashes Funeral Demanding Body; Prevents Burial to Fight Lawsuit

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Posted by Mike FerraraMarch 08, 2009 6:37 PM

The funeral of Harold St. John, a retired airline employee and former auto mechanic who died from mesothelioma caused by asbestos exposure, was interrupted at a New Jersey cemetery last week when, in a new moral low for defense tactics, a Chrysler official arrived with subpoena for his body.

The subpoena, which prevented the burial from taking place, was issued so that more tests could be performed to determine the cause of death. Before he died, 67-year-old St. John had sued Chrysler, along with Honeywell, claiming that the automobile brake linings he used to install in his father’s auto shop in the 50s and 60s had caused his illness.

The trial was set to begin March 9. Unexpectedly, St. John died on February 28. Though he had undergone a painful biopsy to provide a lung tissue sample while still living, Chrysler insisted on taking the body from its burial site before it could be laid to rest.

Mike Palesi, a spokesman for the car company, issued a statement from Detroit:

"Chrysler's sympathies are with the St. John family for their loss. Unfortunately, this process is routine in such matters in order to preserve tissue needed to establish the cause of asbestos-related disease. Chrysler acted in a timely fashion, in accordance with directions from the New Jersey Court of Appeals, and in full knowledge of the family's attorneys. Numerous epidemiological studies have, indeed, refuted the link between automotive products and asbestos-related disease." -WCBSTV

The wife and children of Harold St. John are furious over Chrysler’s machinations, and intend to fight the company’s demands for more tissue samples. They will voice their objections at a hearing in Newark on Monday, where hopefully, the court will not take kindly to the flagrant disrespect Chrysler has shown the grieving family.

7 Comments

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Robert Voorhees
Posted by Robert Voorhees
March 08, 2009 11:15 PM

War is hell. If this man's family desires to cash in on the national lottery by seeking a claim for asbestos exposure simply from the installation of replacement brake linings, then they should accept the consequences. Bravo for the attorneys for the beleaguered manufactures that they took this action!

Entitlement is the dirtiest word in the English language.

Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
March 08, 2009 11:26 PM

Wow, it's a dead body. It's not a car or some other object. There are religious implications here and while I fully understand exspoliation issues, I feel even sadder for the family and their loss. Nice to see the tort reformers showing their usual caring.

Penny Lane
Posted by Penny Lane
March 09, 2009 12:10 AM

I hope neither Mr. Voorhess nor his loved ones never need the services of a trial attorney. For only then will he see the good that they do. Trial lawyers are the American Consumer's first line of defense against bad doctors and bad manufacturers. Calling it a national lottery shows he doesn't have a clue about what is really going on. Holding wrongdoers personally responsible for the harms that they cause is something even the most right-winged Rush L. fan can buy into.

Pete MackeyInjuryBoard Attorney Member
Posted by Pete Mackey
March 09, 2009 8:27 AM

Mr. Vorhees - you have filled in some facts to fit your agenda. That is your right (Rush does it on a daily basis), but it does not make it right. Mr. Vorhees, how do you know that this family is "trying to cash in" on this man's death? Perhaps they have read the reams of documents showing what the asbestos industry knew, and covered up, for decades - that asbestos causes cancer. Perhaps they are justifiably outraged.

You express skepticism that replacing brake linings can cause asbestosis. The literature certainly supports that hypothesis. What special information do you have, Mr. Vorhees?

A lawsuit is not war. It is the system that we have designed to resolve civil disputes. The word "entitlement" cuts more than one way. In our system, it also applies to product manufacturers. They are entitled to sell their products, but knowingly selling a dangerous product has consequences.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
March 09, 2009 10:57 AM

Why did Crystler wait so long to request additional tissue samples or tests? The trial was scheduled for March 9th. While Cryster has a right to request discovery it has to do so in a timely manner. Waiting until a few days before trial and then invading the funeral with a subpoena seems not only dilatory but evidence of bad faith on it's part. What is the car makers excuse for waiting until the 11th hour?

Lex
Posted by Lex
March 10, 2009 6:48 PM

It is a stall tactic. Harold is part of my family. While he was alive he supplied tissue samples to prove his case. They did not need any more samples..they already had the tissue from when he was alive. It is disgusting that chrysler disrespected Harold and my relatives. Voorheas, how would you feel if someone crashed your loved ones funeral, waited until you left and then kept your loved one from being sent to their final resting place?

Mike H.
Posted by Mike H.
March 17, 2009 8:22 PM

Insensitive would be putting mildly! Not monitoring the Plantiff's health status? This may backfire big time in Court.

Asbestos had a bad reputation before the 1950's. The Book "The Precautionary Principle in the 20th Century" cites some early studies.

For Robert Voorhees: This is not a spilling hot coffee on yourself type of suit. This is not using oven cleaner to remove warts product liability suit. This is from a lack of watching warning signs by the makers of asbestos containing products.

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