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Allen v. Jones
California Court of Appeal
163 Cal. Rptr. 445, 104 Cal. App. 3d 207 (1980)
Carl D. Allen (plaintiff) filed suit against Nicholas Jones, individually and as an owner of the Miller Jones Valley Mortuary (defendants), to recover damages for negligent performance of contract, intentional infliction of emotional distress, and deceit he suffered upon learning that the cremated remains of Allen’s brother were lost in transit from California to Illinois as a result of defendants’ negligence in packaging and shipping the remains. As a result, Allen sought emotional distress and punitive damages. The trial court dismissed Allen’s complaint because he failed to plead “recognized damages.” Allen appealed.
Rule of Law
Holding and Reasoning (Tamura, J.)
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