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Allen v. Jones

California Court of Appeal, Fourth District

104 Cal. App.3d 207 (1980)

Contracts
Relevant factsFree

Allen (plaintiff) sued a mortuary owner (defendant) after learning his brother's cremated remains were lost in transit due to the mortuary's negligent packaging and shipping, seeking damages for emotional distress alongside claims for negligent contract performance and deceit; the trial court dismissed his complaint for failing to plead "recognized damages," since he alleged only mental, not physical, injury.

IssueFree

Whether, in a breach of contract claim, damages are recoverable for mental distress without physical injury for a mortuary's negligent mishandling of a corpse in California.

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