Suit against Menorah Gardens - Lawsuits Filed in Palm Beach County continue More than 60 area families involved

Suit against Menorah Gardens – Lawsuits Filed in Palm Beach County continue
More than 60 area families involved

Contacts:
Kyle Zimmer or Cara Kadyszewski at 561-626-0026 or
Kim Sailer at 561-684-6500

December 3, 2003

WEST PALM BEACH, Fla. – With the Class Action Lawsuit now settled in Broward County against Menorah Gardens and its parent company Service Corporation International (SCI), more than 60 area (Palm Beach County) families are waiting for the corporation to answer to the lawsuit they filed more than one year ago. Since this filing in Palm Beach County Court, two SCI manages were charged with felonies by the Florida Attorney General’s office, SCI agreed to a settlement with the Attorney General’s office that fined the company more than $14 million, and just weeks ago an employee of the examiners office was appointed to a management position at Menorah Gardens in Palm Beach County raising even further questions. “Indeed the Broward case may be settled but that provides no relief for the dozens of families” that have filed their case in Palm Beach County,” said Ted Leopold of the Palm Beach Gardens law firm Ricci~Leopold, P.A..

Over the course of the last several months, the law firm along with examiners, have been and will continue exhuming remains, examining plots for the appropriate space between graves, checking vaults and continuing with a thorough examination of grounds and records. “We know that many things have already been found in conjunction with the fraudulent and illegal activities at Menorah Gardens,” said Leopold. “In reality, the Class Action settlement in Broward County has no bearing on the lawsuits in Palm Beach County,” he added.

“Human remains have been found in the woods adjacent to the cemetery in Palm Beach Gardens. What we are doing is taking this family-by-family and ascertaining if their loved one is buried in the right grave, if the burial plot is the right size – as identified in purchase agreements and if the grave has been in any way disturbed. We have been trying to provide some hope and assurance to these families as our examinations go forward, however, the amount of grief, mental anguish and constant worry has been haunting them for more than a year. It appears that no matter what our findings may be, the damage has been done with all of these families emotionally and in many instances has taken a physical health toll on these folks as well. Many family members are elderly and simply can’t and should not have to withstand this emotional torture that SCI continues to inflict upon them.”

Settlement means nothing to area families impacted by Menorah/SCI

The civil suit that Leopold has filed on behalf of the more than 60 families states a number of claims against Menorah Gardens/SCI which include secretly breaking and opening burial vaults and dumping remains in a wooded area where they may have been consumed by wild animals; burying remains in locations other than those purchased by families; crushing burial vaults in order to make room for other vaults; burying remains on top of the other remains rather than side-by-side; secretly mixing body parts and remains from different individuals; secretly allowing plots owned by one party to be occupied by a different person; secretly allowing graves to encroach on other plots; selling plots so narrow that the grave could not accommodate industry standard burial vaults; desecrating graves and markers while failing to exercise reasonable care in handling the plantiff’s loved ones remains.

“The Attorney General’s office has already determined that Menorah Gardens/SCI have broken the laws. There is no question about what has been done now, what seems to be most pressing is how extensive is this fraud, and will these families ever be able to really now if their loved one is where they should be at the cemetery, and if not, where are the remains,” added Leopold.

“We are doing what we can for these families, and it is all we can do – the emotional damage is done and continues. A settlement coming in the Broward County case may provide some promise that Menorah/SCI is willing to accept responsibility, and to help families. However, we look forward to taking our cases before Palm Beach County Juries to let members of our community listen and see the evidence and allow them to deliberate on how SCI should be punished.”

Theodore J. Leopold is a partner in the law firm of Ricci~Leopold, P.A. The firm founded in 1982, is headquartered in Palm Beach Gardens, Florida, with offices located at 2925 PGA Blvd, Suite 200. Mr. Leopold can be contacted at 561-684-6500. Additional information may be obtained from the firm’s website at www.riccilaw.com. A copy of the complaint is available on the firm’s website – click “News, Updates & Newsletter” on the menu bar at the right on the firm’s homepage, then “Complaint Against Menorah Gardens.”

Mr. Leopold as well as several of the plaintiffs in the suit are available for interviews at the Ricci~Leopold offices. To schedule interviews please contact Kim Sailer at Ricci~Leopold, P.A. 561-684-6500.