Class Action Affirmed In Malpractice Case

The Tennessee Court of Appeals has affirmed the certification of a class action in a legal malpractice case

This lawsuit pertains to actions allegedly taken by attorney Kathryn Barnett (“Ms. Barnett”) and others in connection with prior class action litigation concerning the Galilee Memorial Gardens cemetery (“the Galilee Class Action”).

Quoting a prior appeal that reversed dismissal of the case

In the [Galilee Class Action], Ms. Barnett served as lead counsel for a class that alleged several defendant funeral homes had wrongfully abandoned the remains of the class’ deceased loved ones at the cemetery. See Wofford v. M.J. Edwards & Sons Funeral Home Inc., 528 S.W.3d 524, 527 (Tenn. Ct. App. 2017) (affirming trial court’s decision granting class certification in the Galilee Class Action). Under the operative complaint in the present case, which is brought by Plaintiff April Hawthorne, a member of the Galilee Class Action class, it is generally alleged that Ms. Barnett and attorney John Morgan, along with their corporate affiliates, refused to entertain and respond to over $14,475,000.00 in settlement offers made by the funeral home defendants during the pendency of the Galilee Class Action.

In that decision

we ultimately concluded that claims for legal malpractice and breach of fiduciary duties were “sufficiently well-pleaded in the complaint,” stating that it “appears clear . . . that the Plaintiff has pled facts implicating valid legal theories.” Id. at *2.

In considering the relevant factors of class certification here

we discern no abuse of discretion in the trial court’s decision to certify the class at issue. The order granting class certification is therefore affirmed.

The defendant issued a statement about the original litigation

Morgan & Morgan has announced today that their lawsuit against Galilee Memorial Gardens Cemetery, filed by Kathryn Barnett on February 9th 2014, has gained class action certification. The lawsuit was filed for the alleged reckless mishandling of remains as well as charges of emotional distress, breach of contract, and breach of fiduciary duty.

The initial lawsuit contains 31 different claimants, all who had loved ones buried in the cemetery. The Johnson family was one of the first families to discover the cemetery’s alleged misconduct. Joe Johnson is a citizen and resident of Memphis and had used funeral services, including the final deposition at Galilee, for his daughter Renisha Johnson, who died in April 2013.

According to the complaint, further light was shed on the investigation when the Shelby County District Attorney General conducted a search warrant for Galilee Memorial Gardens in January 2014. They found that the cemetery had buried three different bodies in the same grave plot between March 9th and March 12th of the previous year.

Furthermore, the lawsuit also states that the owner of the cemetery, Jemar Lambert, was charged with illegally burying bodies outside cemetery grounds, theft amassing over $60,000, and operating without a license since 2010. In face of the aforementioned crimes, Lambert had his bond revoked by the Supreme court in February 2014. The Shelby County Criminal Court Judge, Lee Coffey, described Lambert’s actions as a “crime against humanity… and everything that is good.”

Morgan & Morgan filed the lawsuit on behalf of everyone affected by the events at Galilee, including those who were next of kin of any decedent delivered to the cemetery, and any persons or entities with any defendant regarding funeral arrangements for a decedent at Galilee.

The class action certification indicates that thousands were buried in the four years that the cemetery has been operating without a license. Hundreds of families have done business with funeral homes associated with Galilee and are distraught over allegations that the cemetery mismanaged their loved ones. Many families are still unable to locate the remains of their loved ones as the cemetery has no grave markers indicating where the bodies lie. With the class action, many other victims can come forward and receive monetary compensation for the mistreatment of their deceased loved ones.

(Mike Frisch)