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Judge to rule Friday on whether amended lawsuit to proceed against Menorah Gardens and Service Corporation International (SCI) by more than 40 area families

Circuit Judge Art Wroble has set a special hearing for Friday, March 7, 2003 at 3:00 p.m. in his courtroom at the (Governmental Complex - 301 N. Dixie Highway) to rule on Menorah Gardens and Service Corporation's (SCI) motion to dismiss an amended complaint filed by over 40 area families against the cemetery and its parent corporation.

In October of 2002, SCI filed a motion asking that the cases of these families be dismissed, however, in a five page written opinion Judge Wroble found that the case should move forward and that SCI caused intentional infliction of emotional distress to family members, that they violated Florida's Deceptive and Unfair Trade Practices Act and that the company made material misrepresentations. The Judge also ruled that the plaintiffs would be able to proceed in seeking relief for their claims against SCI for injunctive relief, civil theft, RICO violations and civil conspiracy. Judge Wroble ordered that the plaintiffs needed to amend their complaint to plead some specific facts regarding a few of their claims. SCI in this special hearing in front of Judge Wroble is asking for the amended complaint to be dismissed.

Theodore (Ted) J. Leopold, attorney for the plaintiffs was very pleased with Judge Wroble's order denying Menorah Gardens and SCI's motion to dismiss the complaint. In light of the recent confirmation of human remains being found in the woods adjacent to the Menorah Gardens cemetery in Palm Beach County, there is no doubt that these defendants violated the trust of individuals and families who were already suffering from the loss of a loved one,. Another tantamount issue here is that SCI and Menorah Gardens consciously and intentionally violated the sanctity of the dead and the bereaved and overtly violated Jewish customs and laws. We anticipate that Judge Wroble will allow this suit to proceed at his hearing on Friday.

The suit, now on behalf of 40 families states a number of claims against Menorah Gardens/Service Corporation International which include secretly breaking and opening burial vaults and dumping remains in a wooded area where the remains may have been consumed by wild animals; burying remains in locations other than those purchased by plaintiffs; crushing burial vaults in order to make room for other vaults; burying remains on top of the other rather than side-by-side; secretly digging up and removing remains; secretly burying remains head-to-foot rather than side-by-side; secretly mixing body parts and remains from different individuals; secretly allowing plots owned by one part to be occupied by a different person; secretly selling plots in rows where there were more graves assigned than the rows could accommodate; secretly allowed graves to encroach on other plots; secretly sold plots so narrow that the plots could not accommodate standard burial vaults; secretly participated in the desecration of gravesites and markers and failed to exercise reasonable care in handling the plaintiff's loved ones remains.