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appealtrialmotion

discoverytrialtestimonymotion

Related Cases

In re Dillon, 449 Pa.Super. 559, 674 A.2d 735

Facts

Patricia Dillon Scher, the widow of Martin T. Dillon, filed an emergency petition for the disinterment and reautopsy of her deceased husband after the coroner publicly announced that his death was a homicide. The initial ruling by the coroner classified the death as accidental. The widow argued that the announcement caused her severe emotional distress and jeopardized her future income, as her new husband was a close friend of the deceased and owned the gun involved in the incident. The trial court denied the petition for exhumation but granted access to the autopsy report, leading to appeals from both the widow and the Commonwealth.

The widow asserted jeopardy to future income, which was dependent on new husband, who owned gun which caused deceased's death, was close friend of deceased, and who had been shooting clay pigeons with deceased prior to his death.

Issue

Did the widow demonstrate sufficient cause to justify the exhumation and reautopsy of her deceased husband?

Rule

A showing of reasonable cause is sufficient to justify the exhumation of a body. The relevant legal standard requires that the reasons for exhumation must not be speculative and should aim to definitively resolve the issues at hand.

A showing of reasonable cause is sufficient to justify the exhumation of a body.

Analysis

The court analyzed the widow's claims regarding emotional distress and potential financial loss due to the coroner's announcement. It determined that the trial court had abused its discretion by not recognizing the emotional and psychological impacts as reasonable cause for exhumation. The widow's right as the surviving spouse to control the disposition of her husband's body was also emphasized, alongside the lack of evidence that exhumation would interfere with any ongoing criminal investigation.

The testimony as to the emotional/psychological effects of the April autopsy findings, and the economic effects of the homicide announcement do constitute reasonable cause.

Conclusion

The court reversed the trial court's order denying the petition for exhumation and autopsy, affirming the disclosure of the autopsy report.

The trial court's order denying petitioner's request for exhumation and autopsy and for discovery is hereby reversed; the ordered disclosure of the autopsy report is affirmed.

Who won?

The widow, Patricia Dillon Scher, prevailed in her appeal as the court recognized her reasonable cause for exhumation and the emotional distress caused by the coroner's announcement. The court emphasized her rights as the surviving spouse to control the disposition of her husband's remains and found that the trial court had abused its discretion in denying her petition.

Accordingly, having supplied reasonable cause, petitioner, whose right it is to direct such matters, should be permitted to do so.

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