Families file new lawsuit in court today against Menorah Gardens/SCI
- Gravesites in wrong places - family uncertain if graves contain remains -
Today in the fifteenth judicial circuit of Palm Beach County Court, Ted Leopold, partner in the law firm of Ricci~Leopold, filed a case on behalf of Diane Wolff, Michael Wolff, Randee Blumstein and Martha Freedberg against Menorah Gardens Cemetery - Palm Beach Gardens and its parent corporation Service Corporation International (SCI)
Most recently dozens of area families have filed suit against Menorah Gardens and its parent company Service Corporation International (SCI). Two SCI manages were charged with felonies by the Florida Attorney General's office. Moreover, SCI agreed to a settlement with the Attorney General's office that fined the company more than $14 million. And just last week in Broward County settled at class action suit for approximately $100 million involving a Menorah Gardens/SCI cemetery in that county
Diane Wolff was a resident of Palm Beach County and purchased plots at Menorah Gardens for her deceased husband and herself. Mr. Wolff died in 1997 and was supposed to be buried in the Garden of Israel, row 39, space 58 - Mrs. Wolff's plot was space 59. Martha Freedberg purchased plots for herself and her late husband Solomon. He should have been buried in the Garden of Israel, row 39, space 60 in the cemetery.
Michael Wolff is the surviving son of David Wolff and grandson of Solomon Freedberg, Randee Wolf Blumstein is the surviving daughter of these men and sister of Michael. It was the intention of David Wolff, Diane Wolff as well as Solomon and Martha Freedberg to be buried next to one another in a contiguous manner. These people purchased the plots specifically in that manner. The family has now confirmed that SCI buried David Wolff and Solomon Freeberg in the wrong spaces and that their wives could not be buried with them. SCI buried a Samuel Golean in between these two men, in space that were sold to the Freedberg/Wolff families. Plantiffs also learned that David Wolff's burial marker and the alleged location of his gravesite are separated by several plots.
SCI has a duty to exercise reasonable and proper care when handling the remains of a families loved one. It is obvious that is not the case here. They breached this duty to the Freedberg/Wolff family and intentionally engaged in wrongful, tortuous conduct.
The civil suit that Leopold has filed on behalf of the more this family as well as 60 others that have been filed 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 plaintiff'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. We are trying to get some answers but even after settling a large claim and being fined by the Attorney General's office this willful and wanton misconduct prevails. SCI has itself described the widespread and rampant, “domino” effect of burial spacing problems at Menorah Gardens. I don't believe that a single gravesite at the Menorah Gardens Cemetery in Palm Beach Gardens is free of reasonable suspicion that it remains undisturbed or unmolested.
