Chrysler Subpoenas Body at Funeral Preventing Burial in LawsuitTug-of-War

Discussion in 'General Motoring' started by MoPar Man, Mar 8, 2009.

  1. MoPar Man

    MoPar Man Guest

    I don't get it:

    -------------------
    The 67-year-old retired airline employee died believing his mesothelioma
    was caused by the automobile brake linings he installed at his father's
    auto shop in the late 1950s and early '60s. He sued both Honeywell, and
    Chrysler...
    -------------------

    Why doesn't he sue his father for creating an unsafe workplace
    environment, or for not providing him with appropriate breathing and
    dust abatement apparatus?

    Why sue Chrysler? Did his father's auto shop only service Chrysler
    vehicles - not Ford or GM or others?

    He was also an airline employee? What was his airline job? Did he, per
    chance, perform brake maintenance on planes?

    ------------------------------------

    http://www.breitbart.tv/?p=292753&widget=1

    -------------------------------------

    http://wcbstv.com/seenat11/graveside.subpoena.harold.2.952746.html

    GRAVE ROBBERS: Chrysler Subpoenas Body At Funeral

    The Family Of Harold St. John Is Outraged After Automobile Company
    Prevents Burial At Very Last Second

    Denise St. John is widow whose husband has been dead since last
    Saturday, but his grave is still empty. She is livid.

    "I have to bury my husband again," she told CBS 2 HD in her daughter's
    Cranbury, N.J. home Friday night.

    "Wouldn't you be angry if you had to bury a loved one again?"

    Harold St. John's remains are the object of a tug-of-war in a lawsuit
    over his fatal asbestos-related illness. The 67-year-old retired airline
    employee died believing his mesothelioma was caused by the automobile
    brake linings he installed at his father's auto shop in the late 1950s
    and early '60s. He sued both Honeywell, and Chrysler and the lawsuit was
    due to got to trial this coming Monday, March 9.

    However, his sudden death on Feb. 28 meant a delay in trial, but the
    family was unprepared for the additional price they'd have to pay.
    Chrysler went to court demanding access to the body for tissue tests,
    and managed to get a court order the day of his funeral to prevent his
    burial.

    The problem is the court order came down while the funeral was already
    in progress. The family sat through a Catholic rite of Christian burial,
    rode to Holy Cross Cemetery in Jamesburg and prayed graveside expecting
    that the casket bearing Harold's body would lowered to its final resting
    place.

    As it turned out a process server had been sent to observe the funeral
    and once the mourners left the grave he served the funeral director with
    papers demanding the body be brought back to his funeral home. The idea
    of it still outrages surviving son Dennis.

    "They waited until we left," he choked out between sobs. "I don't get
    it."

    Daughter Debbie Eisenbrey called it "cold."

    "Chrysler's kicking us when we're down," she sobbed. "It's not fair."

    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."

    The family, though, said the lawsuit has been in the works for more than
    a year and that Harold underwent a painful biopsy to provide a tissue
    sample from the pleural lining of his cancer-ridden lungs while he was
    still alive.

    "They have all the evidence they need," Debbie insisted. "It's a stall
    tactic. They're ruthless."

    A hearing has been scheduled for Monday in state court in Newark where
    the family vows to fight the demand for additional tissue samples, they
    said on principle. Until the issue is resolved Harold St. John's body
    will remain at the David Demarco Funeral home in Monroe Township.
     
    MoPar Man, Mar 8, 2009
    #1
  2. I have a friend who was a union shop steward at a Coke plant.
    One of the union driver's girlfriend's father died. His will requested
    that his body be given to medical science. A few months after the
    driver and his girlfriend were married, medical science was finished
    with the body and returned it to the family for burial.
    The driver requested bereavement time. Coke wouldn't give it to
    him because:
    A. It was too long after death for bereavement time.
    And:
    B. They weren't married at the time of death.

    This issue went before a court. The driver won and got his
    bereavement
    time pay at a later time.
     
    Pete E. Kruzer, Mar 8, 2009
    #2
  3. MoPar Man

    hollyp Guest

    REPLY:

    Very good questions, all. Here are the answers. When he worked as a
    mechanic in the 1950's and 1960's the manufacturers of these asbestos
    products did not warn anyone about the dangers, so his father didn't
    know, either. There is evidence that the brake manufacturers knew of
    the hazards back in the very early 1900's. They now put warnings on
    everything and include safety procedures in their training manuals
    with respect to asbestos hazards (not that they admit that in a
    courtroom.)

    Chrysler is not the only defendant in the case -- Chrysler and
    Honeywell are simply the ones publicly pushing for an autopsy over the
    family's religious objection. Finally, no, he did not do any
    maintenance work of any type while employed by the airline. He drove
    the baggage carts to and from the planes - no repair work.

    Hope that clears things up -- again, good questions!
     
    hollyp, Mar 11, 2009
    #3
  4. MoPar Man

    who Guest

    Those two companies had no choice.
    Many other companies are involved as well.
    This is a very serious case, since we all breathed those particles.
     
    who, Mar 12, 2009
    #4
  5. MoPar Man

    MoPar Man Guest

    The way the story read, Chrysler and Honeywell has tissue samples from
    this guy while he was alive.

    If they needed (or wanted) more, especially post-mortem, they could have
    told that to the family before he died so it wasn't a shock to them.
    The story didn't mention that.
    I don't think that asbestos has been in auto brake pads for the better
    part of the past 20 years. It's old news, and has no current health
    implications going forward.

    PS: Was this guy a smoker? Family history?
     
    MoPar Man, Mar 12, 2009
    #5
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