Infringement of personal interest in the form of cult of the memory of dearly departed as a result of body switching – a discussion of the judgement of the District Court in Toruń of 22 May 2019, ref. no. I C 2277/18

Abstract

This study concerns civil case in which an employee of the mortuary mistook the body given to the funeral home. The mistake was noticed by the member of the deceased family and the churchwarden just before the funeral ceremony began. As a result, the plaintiff felt a number of negative emotions like shame and shock. She felt responsible for the mistake and was afraid, if the „right” body which belonged to her beloved uncle had not been buried or cremated in the meantime. Because the deceased was considered the oldest Pole and the oldest veteran, many people were interested in his funeral, including the media and representatives of the Polish army. They were asking the plaintiff about the reason for the lack of her uncle’s body which increased her pain. After about an hour’s delay, the “right” body was brought to the ceremony. The situation was reported in the press, television and the Internet. In result, the plaintiff demanded payment of redress by the defendant hospital on the basis of infringement of personal interest in the form of cult of the memory of dearly departed. The allegations of the lawsuit were mostly supported by the evidence. The court ruled in favor of the plaintiff stating that her personal right had been violated and – in consequence – awarded pecuniary redress.