Arizona Family Sues Over Funeral Burial Mishap

12/01/09

According to the lawsuit, ''the broken strap caused the casket to slide head-first at an angle into the grave, hit the side of the vault, and come to rest in the grave at approximately a 45-degree angle. The impact of the casket into the side of the vault caused the casket lid to disconnect and exposed Robert Sr.'s body to the entire assembly.''

The Gowdy family had purchased a solid wood casket from the Preston Funeral Home in Phoenix. Upon choosing a particular model, the funeral director, Rev. James Preston informed them that the model was not available but offered to upgrade their selection to a better one.

According to the lawsuit, two family members were unsuccessful in their attempt to lift the casket when the bottom of casket dropped out and Gowdy's body slid out of the casket and into the bottom of the grave. When the casket was broken it was revealed that the casket was constructed out of particle board that was strapped together. Gowdy's body was lifted out of the grave and placed on the ground at which point ''the body was lifted by its arms and legs and carried into the hearse.'' The funeral home denied that the body actually slid out of the casket.

James Fritz, City Attorney, stated that the sharp edges on the casket caused the straps to break and that the city is not liable.

According to a statement, Fritz commented that ''our contention is that we didn't do anything wrong. The edge of casket was actually very sharp and cut the strap (lowering the casket). There are other incidents around the Valley similar to this one.''

Unfortunately, the funeral director could not be reached for comment regarding the mishap.

A second burial was held for Gowdy by his family six days after his original burial. Gowdy's wife, Roxanne was 'mortified' upon viewing her husband prior to his second burial when she saw that he was dressed in a black pinstripe suit, blue shirt and brown tie; clothing that he would never had worn when he was alive. Gowdy's original burial outfit had been soiled during the first mishap and the funeral home had redressed him for the second burial. In the lawsuit, Gowdy's daughter, Robyn, claims that a friendship bracelet that she had given her father was missing also.

City employees, Rick Fifield and Darrell Forrest are named in the lawsuit along with the Aurora Casket Company and Frigid Fluid Company, the manufacturer of the casket lowering device.