Attorneys representing thousands of people in a class action lawsuit against
the operator of two troubled Menorah Gardens cemeteries in Broward and Palm
Beach counties reached a $100 million settlement in the case late Tuesday.
"It is a substantial settlement that we believe will greatly benefit the
class," said Fort Lauderdale attorney Neal Hirschfeld, who represents the
plaintiffs.
The settlement came after an intense day of back-and-forth negotiations over
the widespread burial problems at the two cemeteries, operated by Service
Corporation International, the largest provider of funeral services in the
country. It covers not only the class-action case but also several other Broward
County lawsuits filed against SCI.
The settlement does not include a case pending against SCI in Palm Beach
County, in which about 60 families are suing over burial problems.
"We are pleased to have this matter resolved so that we can devote more
of our attention and resources to serving our client families and focusing on
achieving our strategic objectives," SCI Chairman and Chief Executive
Officer R. L. Waltrip said in a statement.
There are further details to be worked out today, said Coral Gables attorney
Ervin Gonzalez, who also represents the plaintiffs.
"We are very pleased we can bring justice to the victims of this
case," he said.
The settlement was reached after jury selection was postponed Tuesday morning
in an individual lawsuit filed on behalf of family members of a war veteran, Air
Force Col. Hymen Cohen of Lake Worth, whose remains were dug up and tossed into
the woods at the Palm Beach County Menorah Gardens cemetery.
Broward County Circuit Judge J. Leonard Fleet suspended the jury selection at
the request of the attorneys so they could continue settlement negotiations in
that case.
Gonzalez said the prospect of going to trial in the Cohen case likely
prompted SCI to decide to settle the much larger class action case.
"I think the reality of having to face a trial encouraged them to want
to resolve the matter that was before them, which was Col. Hymen Cohen''s, and it
encouraged them to settle it globally," he said. "The details of the
settlement are not final. We have a settlement agreement in principle."
Lillian Gruber, 79, of Sunrise, who said she is uncertain that her husband,
Joseph, was buried where he was supposed to be, said she was surprised by news
of the settlement.
"I thought I wasn''t going to live long enough to learn that it was
settled. I thought it would go on for years and years," she said. "But
I''ll never know where my husband is. The thought that he was not allowed to rest
in peace, that part is a constant heartbreak that will never be settled."
Fleet''s decision on Monday to allow for punitive damages in the Cohen case
likely helped to spur the larger settlement negotiations, said Miami attorney
Jim Ferraro, who was not involved in the case.
"The threat of punitive damages has a way of waking up
corporations," he said. "Juries would not take too kindly to this kind
of case. A funeral is the last act in a person''s existence. Families want
finality and closure. Tampering with that causes quite a bit of distress, and a
jury would sympathize with the plaintiffs."
The details of the settlement will be presented to Fleet during a Thursday
morning court hearing, Hirschfeld and Gonzalez said. Fleet is presiding over the
Cohen case and the class action case and must approve the terms of the
settlement.
Gonzalez said it is unlikely Fleet will reject the settlement.
"Not with those numbers," he said. "I think it is impressive.
It is not a settlement for coupons."
Gonzalez said class members would be compensated based on the amount of
damages they have suffered. He said the Florida Attorney General''s Office would
help in determining the amounts of those damages.
In civil suits and state investigations, SCI employees are accused of
routinely burying people in the wrong places, breaking open vaults to squeeze in
other burials, and, in a few instances, removing scattered bones from broken
vaults and tossing them into a maintenance yard or in the woods.
Allegations of widespread problems at the two cemeteries surfaced in December
2001, with the filing of the first South Florida lawsuit against Houston-based
SCI. State officials also announced they were opening investigations into the
company.
The Attorney General''s Office later filed a civil suit against the company
that was settled in May with SCI agreeing to pay up to $14 million in fines and
restitution and agreeing to ensure that burial problems won''t occur again.
Criminal charges also were filed in May of this year, based on interviews
with former Menorah Gardens employees, family members and corporate documents.
SCI and its Florida subsidiary are each charged with two third-degree
felonies for being negligent and incompetent in the operation of the cemeteries.
SCI Florida''s vice president, Jeffrey Frucht, 44, faces those same charges. A
former Menorah Gardens grounds supervisor in Palm Beach County has pleaded
guilty to exhuming two bodies without seeking relatives'' permission.
West Palm Beach attorney Ted Leopold, who represents the 60 families in a
separate case in West Palm Beach, said he filed a motion Tuesday notifying the
judge he intends to seek punitive damages against SCI in that case.
Leopold, who said he was not privy to the negotiations involving the Broward
County cases, said he would press on with his case.
"We look forward to having our day in court," he said.
The Associated Press contributed to this report. Peter Franceschina can be
reached at pfranceschina@ sun-sentinel.com or 561-832-2894.
Copyright (c) 2004, South Florida Sun-Sentinel
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