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Perry v. Saint Francis Hospital & Medical Center, Inc.

United States District Court for the District of Kansas

886 F. Supp. 1551 (1995)

Relevant factsFree

After Kenneth Perry died at Saint Francis Hospital (defendant), his widow Mary Ann Perry (plaintiff) agreed only that the hospital could take his corneas and bone marrow, not his whole eyes or bones. The hospital removed his eyes and several bones anyway, and Perry sued for breach of contract and intentional infliction of emotional distress. The hospital moved for summary judgment on both claims.

IssueFree

Whether a relative of a deceased person holds only a quasi-property right in the corpse, limited to a right to possess it for purposes of preservation and burial.

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