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Kazatsky v. King David Memorial Park

Pennsylvania Supreme Court

527 A.2d 988 (1987)

Facts

Harvey and Marsha Kazatsky (plaintiffs) purchased cemetery plots in King David Memorial Park (King David) (defendant) for the burial of twins who had been born prematurely. After the funeral, King David refused to install gravesite markers without first receiving payment. King David eventually installed the markers but advised the Kazatskys that the gravesites would not be maintained unless the bill was paid. As the Kazatskys left the cemetery after the gravestone unveiling, they were reminded that there would be no maintenance unless the fee was paid. The Kazatskys were upset and decided not to pay the bill. Conditions at the gravesites deteriorated, and the marker began to sink. The Kazatskys sued King David for intentional infliction of emotional distress, claiming that King David’s use of threats to coerce them into buying a perpetual-care contract for the gravesites constituted outrageous conduct. The Kazatskys did not seek professional medical help for their alleged distress and presented no expert evidence to support their injury allegations. The trial court granted King David’s motion for a nonsuit. The superior court affirmed the trial court’s ruling. The Kazatskys appealed.

Rule of Law

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Holding and Reasoning (Nix, C.J.)

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