Trumbull v. Service Corporation International (SCI)

Filing 96

MOTION by Plaintiff Nancy Trumbull for judgment Motion for Relief from Judgment and in the Alternative Motion to Alter or Amend Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Supplement 10, # 9 Supplement 19, # 10 Supplement 29)(Greene, Martin)

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FAMILY SERVICE GUIDEBOOK Tab IrLk{\c(( -L 1 •— SECTIONS 3J:)- Title ‘oj , th The Family’s Perspective 1 Inoductlon to Family Service 2 Cemetery First Call 3 At-Need Arrangemeat 4 V4sltatlon Service 5 Committal Service & Preparation 6 Arrangement Continuation Visit 7 Offering Protection to Referred Familie 8 MaintainIng Relaticnships with Fam 9 Procedures for Seamless Service to s ilies Families ApperijIjccs 10 Skills or Enhancing Customer Relation 11 Definition of Terms 12 Forms 13 Scripts ships NT00522 s, Note to New Counselors 7- Guidebook provides ciitical information that you will need to be successful in you position. A set of bninmg cowses baa bee n developed in Dignity University to help r new you to understand and beg in to tao the informa tion In this bock. Successful complet ion ofthese cowses is required for Dig nity University Associate level Certific ation To csaSete manag4edaerdaln, ask your attending the session, take the applicable pos manager when the next session is scheduled. After t test in Dignity University, After you hav completed the post test, your manager e Will be notified, by email, of us need to do a Skills Evaluation with you, if applicable. You can also remind yu i””eg’ of your ze.d complete the Skills Evaluation rneas to This lb naWe a s4s14.d medal., reglilk for th. the instmctions, and check in withlyour ‘nn course and prin gut the self-study guide. Pollo ger as instructed. Then, complete Arft. your manager will be notifie d, by email, of the need to do a Skills Ev the post teat. aon wit applicable. You can also remind your ntg of your readiness to complete the Skills h y jf ) Coane Name 7e The Family ServiceCouneelar OujdebookOve rview Understanding the Family Service Counselor Position Trri.ii sod Meamirements Csmvery hst Call At-need Auement Essentials At-need Auengmment Preparations CimetsiylThiu At-need A IanLsDept Conftrmice Cuui’ta’ Savlce & Prqiarsilcsi for It nesuepf Camtlmmtioc Visit Oiiig Protection to Rehrad Families Miniaining Relationship. with Families. Procedorea and Skills Miaqered !4._ S1f4d - - Self4ed $$fed Self-led Self-led S.lfed - Past Tern on Dli? Yes Yes Ye. Yes Yes Yes Yes Yes Yes Yes Yes Yes Ye. - Eselaad.,,7 No No No No No Yes423 Yes(2) Yes Yes — Yes Yes ‘-1 Section Ebven ci Tme DEFINITION OF TERMS Acknowledoement Cards of recognition sent to friends fcr kindness shown to a decedent’s family. Air Tray A tanfcr container consisting of a wooden tray with a cardboard covering for the Alternative Container A non-metal zeoaplacle or enclosure, without fixed interior lining, designed for the encasement snistlon or a of human remain sndmi of cardboard, pressed-wood, composition material, pouches of canvas or other materials. Arrangement A meethig between funeral andlor cemetesy service personnel and the client family for the discussion of fune ral and/or cemetery arrangements. Cards COnIWeA,Ce At-awed Funeral or cemet, arrangements mede at the time of death. At-need sales can include interment rights (land spac mausoleum or lawn crypta, niches or um spaces), es, and merchandise such as bronee or granite markers, granite bases, vaults, monuments and vases. Automobile List A list created in preparation for a funeral procession noting the automobiles, their positions, and the names of the occupants. Autopsy The exaimnarion of a corpse to determine the caus Backhoe Motorized equipment, primarily used in ceme teries, of a hydraulic “scoop.” Used to dig or “open” grav consisiig es, or pethi disintennents or other applicable duties. Base Granite or concrete foundation for a marker or monument. (Age ,iferred to as Rbmerl au Block 09/01/05 e ci dea A group of land or lawn crypt spaces May also be referred to as a garden or section. Dgn1ty Memailal Famly Seiva Coureelor Guidebook- Impart Method Burial Card Burial Permit A legal paper issued by the local government authorizing disposition of human remains. BurIaVTranslt Permit A legal domiment issued by a governmental agency enthcdziusg transportation andlor disposition of human remains. Cadaver Deed h’mi-i body donatedto lnedi&reseasc)L This i. r teadthsg psrposee (e.g.. medical school students), anatomi,çal or pathckgical reaearoh. Carapace Technical name for the lid or any top seal of an outer burial container. Cash Advance A cash advance is a charge on the funeral at-need contact for d 3 merehandise or services involving a non-Company ( pasty) vendor. The Company charges the customer, then coordins d with the 3 party vendor on behalf of the customer for items such as obituaries, clergy, death certifii,atrs. escorts organists, outside funeral directors, etc. The Company pays the 3 pasty vendor on die client’s behalf. Casket Usually rectangular shaped and larger than a coffin; pimiril y usedin the United States and Cwi4 Cemetery An area of ground set aside and dedicated for die final disposition of decederns. Cemetery Arrangements The cemetery service details, including financial arrangements Cemetesy Master Plan A written and graphic guide to the development of the cemete ry. Cenotaphs 2 Gesnetesy record consisting of a description of contiguous property, names of decnts, dates of death and interment and any other pertinent information related to said property. Memorialization provided for those interred elsewhere. Also applicable when remains are unrecoverable. . (2006 Sd Funeral 1 y Purchasing Cooperative, Inc All Rights Reserv ed SecUon Oeven ., r. Chapel Building or an area of a building in which services are conducted. Chaplain An ecclesiastic attached to the milkary or to the chapel of an institution. Coach Coffin Usually six-sided and anthrxipoldal (human-shaped narrow the head, wide at die shoulder,, narrow the feet); primarily at used in cowinies other than the United States end Canada (both of which use caskets). Columbarlum ) A motor Veltide designed and used for die conveyance of casketad remains from place to place or removal from place of death. A etnicture room or space in a building or suucture used for the entombment of cremated human remains. Combination Shipping Case A transfer container consisting of a particle-board box with a cardboard *y and COV tO satisfy airihipprng regulations. Common Carrier One who publicly undertakes to uanspcit from place to place, for a stated compensation, the properly of any person who may request his services up to the capacity of his facilities. ConcretWS.ctlonal An outer enclosure constructed of concrete. The box is usually unpainted, very simple, and uses no type of sealing compo und or mechanism normally found in vaults. Corner Markers Small (usually no larger than 8” x 8”) markers of concrete bronze, possibly displaying an initial or emblem, outlining or contiguous property owned by a single person or family; can also refer to concrete markers (usually below ground surface ) used by the cemetery staff to identify particular “lots” “blocks,” - “sections,” etc. Coroner A public officer whose chief duty is to investigate death when the question of accident, suicide or homicide may be evident where there was no doctor in attendance. The coroner also or holds inquests and affixes blame and responsibility. Corpse A dead human body. O9I1fO6 3 Dignity MemoflaI SaMos Cemasior Gutook. Impa U Cortege A fimeral procession. Cremated Remains A term used to identify human remains after a cremation takes place. Cremation The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or CrmaUOfl AUthOEfritiC Fqtflt signed by each responsible party (generally the eloseat permission to the funeral home to SchedUle de io,rofthe decedent. The form may also designate a remains as well as authorizing the i:idiipfmcclIanjcal devices within the Cremation Log Manual recoid kept the crematory location of all dispositi of cremation, names of die decedents, date of cremation, funera] home or other service provider, disposition of cremated reniajag andlor details of persons authorizing cremation. CmaUon Penn ft A certiflcazç issued by local government giving pernusaion for cremation of the decedent. Cremation Scattering Authorization Form signed by the responsible parties to give permission to the funeral honie to scatter the cremated remains a a designated Cremation Viewing Authorization from any liability that may arise om the family viewing the Form signed by the responsible parties to release the Jocatic,i cremation, Tide form is neceisaiy if the responsible party has indicated that the family wishes to be present at the crematory to view the cremation. Crematory Crypt 4 A furnace or retort for cremating a dead human body; ‘building thai houses a retort. A chamber of a mausoleum of sufficient size, generally used to contain the casketed remains of a deceased person. 2OO6 Sd Funeral wTXMS c Purchasing Cooperative, Inc. All Rights Reserved Sicuon Eb,en D.lb,IWa., I Turns. Crypt Front Facing of a mausoleum space (may be bronze, marble or concrete) that displays name(s) of decedent(s) entombed therein and dates of birth and dea& Death Crtfflcate A legal document showing vital statistical data and cause of death partalning to the decedent. Dcedent A deceased parson. Diagram Card Used to detail property description, previous burials, space for at-need burials, and faiire designations of spa for burials. Disinter To remove human remnc from the place of interment Disinterment Vlewhg Authorization Form signed by the responsible parry to release the location from anY liability tiuat may arise IUCflL This form is flece!!y if the responsible pmty has indiCated that the family wishes to be present at the disinterment. Disposition This is scormunon industry term, however, the definilion vvies by state. Be familiar with your state’s definition of this term. Dressing Room A facility usually located in close proximity to a preparedon room that is used for dressing, cosmetizing, hairdressing, and casketing deceased human remains. Embalmer One who is licensed to disinfect, preserve and restore the dead human body to a natural life-like appearance. Emblem A standasdized design of vaaious groups or organizations ti maybe used in designing a monumenUmarkeiaypt front, placed on or near a casketed remains or “memory table” in cases of memorial service wth no remains present. (e.g. Mason, Shiiner, Omder of Eastern Star, Star of David, Knights of Columbus, Fire Department, Police Department, Seal of City/State, etc.) Endowment ,g,.e Refers to funds set aside by law to provide for the future care and maintenance of the cemetery. Also referred to as Pcrpetua) care. (au. .aU seas 09/01/06 Dignity Mernonaf Family SeMce Counselor Guidebook- Impact Method Entombment The t of lacing casketed or cremated remains in a mausoleum Crypt. Thi would mclude the removal of the crypt front, sealing of the crypt and replacement of the crypt front. Escort To ompany as a leader of the procession or guardian of a group to protect. Evening Service Generally ,efers to a service preceding some type of service the next day. Evening Vigil Generally a Catholic church term referring to the evening or day before d service followed by a mass or ether funeral service. Other denominations may refer to Itolding a vigil” which is Sunil.rtoi “wake” which means sithngwith the cuketed remains according to custom in certain ethic groups. Family aj The car set aside far the use of the immediate family of a decasid individual. Family Service Counselor A person who makes cemetery arrangements with families and assists their familylfriends with preneed protection. First Call The initial visit of the funeral director to the place of death for the purpose of removing the decedent and securing essential information. First Call Car The automobile generaily used for transporting of the human remains from the place of death to the mortuary. Flag A cemetery term describing the method used by cemetery admlniatration personnel to identify a specific cemetery space to be opened for burial of remains. (see Blind Check procethrres) Flag Case An item usually made of wood (and possibly glass) designed to hold the United States flag when the flag has been properly folded into three corners in compliance with the Veteran’s Administration regulations; may also include emblems or space to display medals or other honors achieved while serving in the Armed Forces. Flower Van A vehicle used to transport floral tributes from the place of service to the place of disposition. 02006 Sd Funeral & MTOOIII i Purchasing Cooperative. Inc All Rights Reserved Section Ebven o r.,, Flower Room A room in the funeral home for the receipt and cam of flora) tributes. Funml Services held at the time of disposibon of human remains with the body present. Funeral Arrangements The financial and service details of a funeral, including the method of payment. Funeral Coach A vehicle for tamapotting decedent, may be used on initial removal from puce ci death ci used to anspoiI caskesed remains from place of service to place of fluial disposition. Funeral Counselor A person who makes funeral arrangements with families but does not remains. Usually licensed by the state. Funeral Director An individual licensed to prepare human remains for interme or other means of dispontion; a person who conducts funeral services and counsels with family and Mends of a decedent. Funeral Home A building used for the purpose of embalming, conducting funerals and supplying 4ineTal merchandise. Funeral Program A pamphlet made available at the funeral service giving details about the decedent and the funeral arrangements. Grave Space or plot of land where human remains are interred (can include cenotaph; see definition). Grave Space One land interment space. Graveside Service Funeral service conducted at the cemetery; may or may not baa continuation of previous church, chapel or memorial service; may or may nor be conducted at the actual site of interment. but rather at a centralized location within the cemetery (mausoleum chapel, gazebo, etc.). Honorarium An unsolicited gift; usually a gratuitous payment for professional services. ) 09101/06 NiQOIS? 7 D Mem Famdy Service Counselor Guidebook- Impact Method Humanistic Funeral A funeral nrc that is devoid of religious connotation. Immediate Disposition Disposition of human remains that is devoid of funeral rites at °P°°”. Inquest An official inquu’ or examination to determine the cause of death. ln-Stat Refers to she thee when the caslcted remains (or, in some a “day bed” or “diessing tilde”) will be placed at a designated place for sends and family to call and pay respects; more commonly, “in state.” Interment The act of burying cuketed or cremated remains in the ground. This includes ccllecbve acts required to epare the interment site, place the remains in die grave or burial’ unit, close the grave and correct the appearance of disturbed areas. interment Book Manual records of all intemwnts entombreents, inumments maintained by cemeteries. Includes name of decedu, date of death, date of service, service provider, outer burial container, sizeltype of casket, etc. Interment Order & Authorization Cemetery foem with written permission by cemetery property legal nest of kin for the burial of specified human remains in specified cemetery property. Inumment The act of removing the niche front or cover, placing the urn containing die cremated remains into the niche space and replacing the niche finns or cover. Laminated Obituary Gaids Family follow-up tool, usually supplied by a local newspaper or party distributor, containing a laminated copy of the newspar notice of the arrangements for a decedent and a verse or prayer (Houston Chronicle: “Sunshine Fades and Shadows Fall, But Sweet Remembrances Outlast All”). Land Space An area of ground for a wet space. —o ,WnU to s Grey. Space) 8 d 3 02006 Sd Funeral a lTVOSII y Purchasing CocpeiatiVc. Inc. All Rights Resery Sctlcn E’even of Tew,g Limousine A motor coach seating three or more passengers separately from the driver’s compartment. LocaUon (Affiliate) A funeral or cemetesy establishment owned and operated by an affiliate of Service Corporation International. Lot Cemetery term specifying a specific area cia cemetery; generally a lot” consists of several (6-12-24) uspecesfl and a êSeCtiofl consists of several lots.” Marker Bench Cemetery term desigr’ an upright concrete, granite or ng 4 matle bench located oacemetery property, designed and inbed according to the specifications of the cemetery property owner within the rules and regulations set forth by the cemetery. Markers Permanent ideflflCaiiOfl pieces sold to memorialize or mark tic grave of a deceased person. Markers can be made of bronze or granite. lzy are usually Installed level with the ground on a concrete or granite base foundation. Also sold for identification and referred to as markers: upright stone monuments or headstones, vases, bronze letters, memorial benches, etc. Mausoleum Ciypt A Chamber of sufficient size to entomb the casketed remains of one or more deceased persons. The mausoleum crypt is normally fronted by marble, granite or a similar substance. Mausoleum (indoor) Building designed and constructed to provide crypt spaces within an enclosed smacmre that Ii usually heated and airconditioned. These buildings often provide support facilities such as offices, storage, restroom facilities and maintenance areas. If the maisoleum also contains a chapel It ray be refecred a chapel mausoleum. These building&can be several stories high, thereby making more efficient use of limited ground space. Mausoleum Niche A small space in a mausoleum for the entombment of cremated remains. Mausoleum Garden Building designed and constructed to provide crypt spaces within an open-air structure with or without covered patios, landscaping, art work, and support facilities. These buildings are generally three to eight crypts high. 09101/06 9 Family Service Counselor Guldeboelt Impact Malbod - Medical Examiner A forensically ained physician whose duty is to investigate qistonabk or unattended deaths. Generic cemetery term usually associated with any marketable item that recognizes a Ufe lived; e.g. monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, ,na,ker bench. Memorial Authorization Fonn A work order that gives permission to o,r, instafl, inscribe or stores moiiuinerfl, marker, plaque, base, vase, or second MemOrial Folder A pamphlet made available at the funeral service giving details about the deoed and die funeral arrmgements. Memorial Order Cemetery turn describing a form detailing manufacturer, material, size, lettering style, specific inscription or engraving details tori msrker/monsmenL Memorial Pai* A cemetery, or section of a cemetery, restricted to flush-to-theground nmdcess. Memorial Service A service conducted in memory of the drcrdent without the presence of the remains. MemorIalizatIon This term refers to any permanent system designed to mark or record the names and other data pertaining to a deceased person or those who preanange. Monument An upright stricture of stone or metal commemorating the lIfe deeds. or career o(adeceased person. Monument Garden A designated area within a cemetery restricted to upright markers. Morgue A place to which remains are removed pending identification by relatives. Niche A space within an above-ground stricture in which cremated remains are placed (e.g. columbarium, niche, wall or niche bank). tO t 2008 SCI Funeral I j Purchasing Cooperative. Inc. All Rights Reas Secuon Ebvss W Niche Bank Cemetery term describing a “wall” in a columbarmum of spaces for inurnment of aemated remains. Obltuaiy A notice of the death of a person, particularly a newspaper notice, containing biographical mfonnation.. Obsequles Puneral rites or burial ceremony. OfflCIãlit One who conducts a service or ceremony. ;‘ A fully enclosed container used as an outer enclosure for the burial casket. This can Include vaults, concrete boxes, etc. a, Un.) Pall Acover,genuallymadeofcloth,placeontoacasketpriorroa funeral service Pallbearer One of the persons who cany or attend to a casket at a funeral. There are active pallbearers (who actually carry the casket usually 6-8) qpd hono,qty pallbearers (who do net carry the casea butaaseaca?1s). — Personal Planning Guide The PCrsonai Planning Guide is a booklet of fornh to be filled out by family or friends before a death occurs. The forms include vital itabatics (used for death certificate infonnation), military information, obituary information, funeral service information, financial infonnation, Social Security fonas, and persons to be notified in case of death. Plaque MemcdahI4on usually associated with an urn garden, columb.iium or mausoleum. p,.Junded Funeral Arrangements Those funeral anangements made in advance of death that include provisions for funding or prepayment. (a’so ,.IWmd to — Prepbn Funeral AnanWIfl,IfltJ) Preneed sales are all sales made in advance of death. All sales contracts not specified as at-need sales are considered premed. See appropriate sections of the Cemetery Manual for further explanation. 09/01/06 11 O Memoria Family Service Counselor Guidebook. Impact Method Prearranged Funeral Arrangements that have been completed by an individual pnor to Pre-deveiop.d or Unconstructu Ar.a’BulIdIng Designd seas rn buildings within a cemetery that have been mapped and planned for future conatniedon. Such areas may land .rdens, lawn ayp( gardens mausoleums, or niche Preparation Card A iaepraian Cud lea form completed by a funeral director after leldie fmilY• It records the P”’’ preáws mily rni,r hav gpepirationfthe dd’IWLS,oedrdurIngpreparadoe A’ 1 , - - Preparation Room Procsslon The movement of the funeral from one place to another. Quit Claim A form signed by the customer that releasea or ansfers itc in cemetery interment rights andlcr merchandise for the stated atnourn of equity, and authorirs issuance of ownership to someone else or back to the originated cemetery for rewrites (upsilee, downeales, and relocations) and ansfus. It releases the cemetery from related liability. ReceMng Case A service in which a funeral home receives a body from another funeral home for disposition. Reception A formal receiving of family and friends following a funera] service, graveside service or memorial service. Register BOOk A memorial bOOk with biographical infonnaiion and a list of those attending services. Also includes service and disposition information. Relnterment Inteniient of deceased human remains that were interred and then disinterred. Removal 12 The portion of die funeral home desig ad and equipped for A physical moving of a dead human body, usually from the place of death to another location such as a funeral home. Funeral jargon, sometimes synonymous with ‘first call.’ c 2006 SCI Funeral ,n’oe.,s y Purchasing Cooperative. Inc. All RIghts Rewve Section Eleven D.liaWon of yp Retort The cremation chamber in a creznatoiy. Rubbing Ihe usage of a special type of paper product to produce a replica, in detail, of a marker/monument designer leUering style in an effort to duplicate the type of marker/momnnent . Sales Map Drawing that shows die location of individual intermen t spaces within a cemy section. Can be for mausoleum, niches, land an&or lawn aypt areas. Scatt.rlflg Gardens A desigazed aia in arnety used for scattering cresna ins. These areas normally are covered with rock or gravel and are 14 and have an aredesipiated for memorialization. Section A oup of grave spaces or lawn crypt spaces. May also be to as agarden or ablock. Secular Non-religious a service or musical arrangenlenc th does not venture into religious theology; nor is clergy present. Selection Room That po4on of die wieral home that contains displays of caskets and other funeral merchandise such as urns, vaults, markers, enhancement packages and other items for revie w and selection by client families. Service A formal, dedicated gathering and liturgical exercise to honor the decedent. Shipping Case Container in which the casket is placed for shipment. Trlsaglon A prayer service (usually held the evening before the funeral service) associated iIh the Greek Orthodox and Lastern Orthodox churches. Undertaker An outdated term that is applied to a funeral director and/or embalmer. Urn Container for cremated human remains. Urn Garden Dedicated portion of cemetery reserved for interment of cremated remains and installation of urn garden plaques. oi/O6 NTQOteS 13 Famliy SeMce Counselor Qideboak lnact Method Urn Vault An outer burial container for cremated remains. Vases (a) A feature of a monument or marker far holding flowei or other mamor.bL (b) A receptacle far floral tributes to be displayed at a funera] satvice memorial service or graveside service. Vault A type of outer burial container. A vault may consist of concrete, fiberglass, pIc, steel, tInl.i Keel, Ca%lpc or nm Vete.afls’ Admlfllstration Video Tribute Tap. .d A3 producer videocassette tape created as a tribute to a dsoedenL Usually associated with a memorial service where die remains are not present. Wsftatlon The visiting of Mends and relmive at the family residen ce andlar mtary to pay respects to the decedent prior to the funeral service. Visitation Room Portion of service provider facility where family and friends meat dwing informal viewing and visitation, usually prior to evening service, funeral service, memorial service or graveside service. Vital Statistics The collection, tabulation and interpretation of data concer ning birth, marriage, divorce, sickness and deatiL Volume Case Cues that count tmyard sales averages in Company Wake 14 1dattdiflInistest benefits for those who servedlñ the U$.irmed farces. A term often associated with ‘visitation’. It specifically refers to a vigil or watch. (See also Evesuig Vigil.) )2OO6 SCI FuneralS weeeas reporting. l Purchasing CooperatIve. Inc Aft Rights Reserved

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