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HANSELL v. SANTOS ROBINSON MORTUARY

No. A077714.

75 Cal.Rptr.2d 361 (1998)

64 Cal.App.4th 608

James G. HANSELL et al., Plaintiffs and Appellants, v. SANTOS ROBINSON MORTUARY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

Review Denied August 26, 1998.

Attorney(s) appearing for the Case

Kevin J. McInerney, San Diego, for Appellants/ Plaintiffs.

Daniel W. Winters, David F. Zucca, Winters, Krug & Delbon, Burlingame, for Respondents/ Defendants.

DOSSEE, Associate Justice.*

The question presented in this appeal is whether a mortuary who agreed to arrange for cremation of the decedent may be held vicariously liable for the negligent mishandling of the remains by the crematorium. We conclude the duty of care is delegated to the crematorium and the mortuary has no duty to ensure the propriety of the cremation services.

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