Tort law has long treated the mishandling of a corpse harshly due to the obvious emotional distress caused by such negligence. When Miguel Olaya’s wife of 26 years died of cancer, he probably thought the worst was over. That is before he gave her body to American Airlines to ship to Ecuador. The airline allegedly lost his wife Teresa for four days and could not tell him where she was.
During the ordeal, all Olaya could say to a reporter was “Que estamos sufriendo: “We are suffering.” His family says that American Airlines gave them different accounts, including saying that she was in Miami and then Guatamala. The airline did not refrigerate the body so, when it arrived, it was in particularly bad shape, according to his lawyers.
He has now filed a lawsuit for the alleged negligence in April.
It appears that the airline mistakenly sent the body to Guatemala instead Guayaquil.
The negligence home is also being sued, though it claims that the error have been confirmed as a mistake by the airline in punching in the airport code.
These cases are more likely to result in punitive damages and, as a common carrier, American is subject to liability for slight negligence.
For the full story, click here.
Hello JT,
The nature and number of posts you have put on the blog has changed recently. I have always enjoyed your entries as well as the posts of others. This is an interesting blog. I don’t know the reason for the changes. I’m not trying to pry into your personal life. It’s just that the changes are quite noticeable. I hope all is well. I thank you for having provided a place where people actually discuss issues.
Jill
Well, I don’t notice the difference you’re referring to Jill, but I’ll agree this is a “dead” story.
CroMM,
Good one! And it’s nice to know when others see things differently than you do!!
Jill
P.S. Nowdays, transporting bodies is just a lost art.
I hear its a stiff business.
He’ll be here all week. Don’t forget to tip your waitresses.
It wouldn’t have been so bad if when reporting to Mr Olaya that his wifes body was missing, the officials from American Airlines hadn’t used the term, “Abra Cadaver”.
Airlines are in the business of moving people and cargo, and they don’t get too emotionally involved in their work. It’s just business. My mother died in Texas and I took her casket to Maryland to bury her alongside her family. I watched the handlers treat the casket like it was a box of scrap metal. Really pissed me off. Can’t remember which airline it was, but it was one of the majors.
The final nail in the coffin came when the Airlines tried to bury the issue.
Of course the Airlines simply responded by insisting this case proves that people are dying to get on their planes.
However the FAA has warned the airlines not to “re-hearse” this incident again.
buh-dump-bah!
…tap tap.. this thing on?
..so anyway the Captain says, “yea, I just flew this body in from Miami and boy are my arms tired“…
getplaning,
I’m afraid you’re correct about the airline’s take on this. I’m sorry about what happened with your mom.
To others:
DO NOT attempt a look into tissue banks unless you’re thinking of a financial investment.
Yea, sorry getplanning, Jill, got a little carried away there.
However that was never my ‘plot’.
Wow,
I go away for a few days for a business seminar and CMM has turned over a new leaf and seems to be auditioning for Second City or Last Comic Standing! Congrats. I really enjoyed the “abra cadaver” one. I was wondering if Mr. Olaya was charged for this baggage?
rafflaw
1, September 10, 2008 at 6:30 pm
I was wondering if Mr. Olaya was charged for this baggage?
Not if they’re deadheading.
Ouch! That joke is a little yukky! No wonder that these airlines are losing money hand over fist.
So, if the corpus delecti (so to speak) crashed en route to Corpus Christi, would it be referred to as ‘corpus crispy?’
And if a Latin speaking priest arrived on scene, would he inform the airline:
Habeas corpus ad subjiciendum – “you should have the body for submitting?”
Jack Handy wants to know.
It is getting awful deep in here now! I do like the corpus crispy reference. Sick, but funny.
rafflaw
1, September 10, 2008 at 8:38 pm
Ouch! That joke is a little yukky! No wonder that these airlines are losing money hand over fist.
lol, seriously though besides the high cost of fuel the main reason the airlines are losing money is TSA.
Who the hell wants to go through that sh$t everytime you want to take a quick hop to Vegas for some fun?
Theres nothing fun about flying anymore. so the only people doing it now are the ones who have to.
In fact I’m still wondering if Mr Olaya’s wifes remains were even lost at all, but instead maybe her name was just on that infamous “no fly list” and they detained her casket until airport security could determine whether she was a threat or not.
I hadn’t thought of the “No Fly List”. It now makes more sense now. The TSA probably couldn’t pronounce the name correctly and spelled it incorrectly and the rest is history.
Yea, you know.. Olaya.. Osama.. Obama.
All the same to them.
Maybe her passport picture didn’t match and that is why they held up the body!
Here, here’s Mr Olaya at the airport.
“Habeas corpus….. no seriously guys, come on…. HABEAS corpus!!!”
Jill:
“The nature and number of posts you have put on the blog has changed recently.”
****************
I trace it back to my misguided reference to JT’s “white dinner jacket” on Countdown only to learn that it was a trick of the TV lights and was, in reality, the khaki suit. Either that or he’s just busy with new classes, an unreal litigation schedule, and/or the most pressing of all, Daddy Duties.
Mespo,
I think the change is due to the silly news that has been surfacing the last several weeks. I also think that Prof. Turley may be keeping the more controversial topics off the site to control the venom that was being spilled for awhile. I do like the controversial topics, but I understand why he might have made that conscious decision. Just a guess on my part.
rafflaw:
I think you’re correct. It’s distatsteful and has me a tad less enthusiastic about the conversation too.
Very big ditto mespo and rafflaw.
Very big ditto mespo and rafflaw.
****
You have got to be kidding me! I need to say this.
Jill, you are the biggest instigator of all.
These guys may not notice the constant flirting, the unsolicited, gratuitous compliments, or even some of the especially catty passive-aggressive, and remarks, but I do as I mentioned before.
I know it’s offensive to hear it.
Apparently, to you, obnoxious, combative, disrespectful, males, in particular, with big chips on their shoulders, like Bartlebee, Cromm, Zakimar, Bob Esq., and now seamus, who should know better, are all just ‘fascinating’…
We never had this atmosphere here before and I don’t enjoy it.
If JT took a powder, it’s probably in part, for the same reasons myself, mespo, and michael, have been commenting here less and less over the past couple of months.
Well since you’re the only one I see complaining from thread to thread Patty, I’d say whatever the “problem” is it seems to be yours and yours alone.
Everyone else is just discussing, debating and having a good time.
In fact, everyone was laughing and having fun in here, until you and I guess now mespo started complaining.
No one said anything in this thread to you.
No one said anything ugly, angry or out of place. Everyone was just having fun and commenting.
Until you two came along.
Then suddenly everythings a problem, and wahhh wahhh waahhhh all the time.
I swear I never heard a bigger baby than you patty, constantly crying, constantly complaining, constantly telling everyone how much better than them you are… I really have never seen anything like it.
You act like a spoiled 16 year old brat who can’t get anyone to dance with her at the prom.
Perhaps the two of you just need to grow up, and learn to live and let live, instead of constantly complaining, whining and just generally being a couple of nitpicking complaining, whining, namsy pansy party poopers.
” ‘EVERYONE’ else is just discussing, debating and having a good time.”
****
Right-the ‘clinical’ term is DID or MPD, ‘multiple personality disorder’…
Writing Tip: Ambitious literary term usage is best reserved for the ‘literate’.
__
namby-pamby (nam′bē pam′bē)
adjective
1. weakly sentimental; insipid
2. without vigor
3. wishy-washy
Etymology: orig. satirical nickname of Ambrose Philips, 18th-c. Eng poet: in ridicule of his sentimental pastorals
noun
1. namby-pamby talk
2. pl. -·bies a namby-pamby person
Big Baby said…
Writing Tip: Ambitious literary term usage is best reserved for the ‘literate’.
You’re right.
Better not waste it on you.
Crybaby C
1, September 13, 2008 at 1:18 pm
Right-the ‘clinical’ term is DID or MPD, ‘multiple personality disorder’
Really?
I would’ve thought you were more the character disordered sort, perhaps schizophrenic maybe?
Some rare mental disorder perhaps that makes you come into almost every thread blubbering about how much better than everyone else you are?
Don’t they make a pill or something you can take for it?