Burial delayed by autopsy demand in asbestos death case
March 11th, 2009 by Wendi Lewis
Attorneys representing the defendants in a mesothelioma death case prevented a New Jersey family from burying husband and father Harold St. John, according to a story in the New Jersey Star-Ledger. On the day of the scheduled burial, a judge ordered the funeral home to hold the body and return it to the coroner’s office until a decision is made whether or not an autopsy will be allowed. The matter is now in Superior Court in New Brunswick, N.J.
St. John, 67, passed away as a result of mesothelioma on Feb. 28. He and his family had filed a lawsuit last year alleging he contracted mesothelioma as a result of exposure to asbestos in his family-owned auto repair shop, and naming several auto parts manufacturers in the suit. St. John died two days before the case was to go to trial.
While several of the companies settled with the family, six defendants are going to court – Chrysler Motor Corp., Honeywell International, Carlisle Companies Inc., Bosch Braking System, Maremont Corp., Standard Motor Products, and National Gasket.
The Star-Ledger reports that Superior Court Judge Phillip Paley had rejected a request by the defendants to postpone the burial pending hearings on an autopsy, which the St. John family opposed for “sincere, moral and personal” reasons. The family’s lawyer said the defendants already have a sample of lung tissue from when St. John was diagnosed with mesothelioma.
According to the news report, on Wednesday the appeals court sided with the defendants, which then prevented St. John’s burial pending a final decision on the matter.
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