Sep 23, 2024

NJ Family Sues Funeral Home for $50M After Wrong Body Used During Church and Burial Service

by Nadia El-Yaouti | Aug 05, 2022
Casket on display at funeral Photo Source: Adobe Stock Image

A New Jersey family is suing two funeral homes for $50 million after the funeral home they used buried the wrong body.

The family of 93-year-old Kyung Ja Kim is suing Central Funeral Home of New Jersey and Blackley Funeral Home and Cremation Services Inc., both of which are run from the same facility. Along with the funeral homes, named in the lawsuit is the funeral director whom the family says is to blame for the horrific mix-up.

The open casket service for Kyung Ja Kim took place on November 13th at Promise Church in Leonia. During the service, Kyung Ja Kim’s Daughter, Kummi Kim noticed that the body inside the casket did not look like that of her mother. After confronting the director about her concerns, Kummi Kim details that the director assured her that it was her mother lying in the casket. The lawsuit details that the funeral director "responded with a very clear expression of denial and dismay over the question as if Plaintiff Kummi did not appreciate a different appearance after death."

Kim detailed that she accepted the director's answer and rationalized that perhaps heavy makeup, fake hair, and “some type of filter such as Botox” used on her mother during the embalming process may have caused her mother's appearance to look altered.

The family alleges that it was only after the casket was buried in the ground, that the funeral director realized the horrific mistake. The body of Kyung Ja Kim was not in the open casket as the family had been told.

In an interview with NBC New York, the family shared with reporters that the body in the casket during the church service was actually that of another deceased individual who was roughly 20 years younger than their mother. Both deceased individuals shared the same last name Kim.

The family added in the lawsuit that the body in the casket during the church service still had all its teeth whereas Kyung Ja Kim’s body did not. The family explains that Kyung Ja Kim’s dentures were taken out and placed under the pillow of the body that was used during the church service. Additionally, Kyung Ja Kim’s final resting clothes may have been mistakenly put on to the wrong body as well.

The family details that because the funeral home and the funeral director failed to follow their own policies, the loved ones of Kyung Ja Kim were left to suffer “great shock, emotional distress, and psychological pain and hurt upon learning that the passing of their mother was not properly celebrated but that the body of a stranger was wearing the decedent’s clothing and personal effects and placed in her coffin in error.”

The family also details that because Kyung Ja Kim was finally buried a day after the incident at the Central Funeral Homes facility, the family was not able to fulfill their loved one's final wish of having a church service.

Kummi Kim shared, “I feel very sad and angry that we couldn’t accomplish her final wish, that she wanted to say bye to us at the church.”

The Kim family shares that the funeral home did offer a refund of $9,000 because of the mix-up, but that they did not offer an apology for the mistake. Despite this, the Kim family shares that a refund and an apology are not enough for the damage caused.

Along with the multi-million dollars in damages, the lawsuit claims loss of the right to interment and that the funeral homes are guilty of negligent infliction of emotional distress, intentional infliction of emotional distress, battery, mishandling a corpse, and breach of contract.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.