A grieving Atlanta father who said he suffered a series of indignities while trying to bury his stepson is suing a Somerset County funeral home and a casket maker.
W. Robert Baynes is taking to court Allegheny Heartland Casket, owner Kimball Sweatt and Mason Funeral Home, all of Tire Hill, and former Mason employee David E. Lehman of Davidsville.
It began in November 2005 when Baynes contracted with Mason Funeral for a solid brass casket to hold the remains of his stepson, George Brown Baynes, at a cost of $5,595.
A placard identified the casket as solid brass.
Unbeknownst to Baynes, he apparently got a steel receptacle instead.
“If the casket had been buried in a cemetery plot, the defendants’ misrepresentations might have gone undetected,” Baynes’ attorneys said in the suit, filed in U.S. District Court in Johnstown.
Instead, the remains and casket were stored temporarily during the construction of a mausoleum in Georgia.
“Approximately 10 months later, the casket was removed from storage in a temporary mausoleum, revealing that the casket had become rusted and stained and leaked fluids,” the suit
says.
The defendants then shipped a replacement casket, but it didn’t fit the mausoleum, the lawsuit claims. George Baynes and his new casket were returned to temporary storage.
“(Robert) Baynes was forced, at his own expense, to redesign and reconstruct the mausoleum to fit the replacement casket for the deceased’s final resting,” according to the suit.
Breach of contract and unfair trade practices are among Baynes’ allegations. He is seeking to recoup the price of the casket, costs to redesign and rebuild the mausoleum and temporary storage costs after the casket was found to have leaked.
He is seeking treble damages of more than $75,000.
A manager for Mason Funeral said the home would have no comment.
Lehman could not immediately be reached.
Sweatt, though, had plenty to say.
“I felt terrible for Bobby Baynes,” Sweatt said. “Bottom line: Bobby Baynes got screwed trying to bury his stepson.”
Sweatt said he had nothing to do with it, though, and doubted that malice was involved by any of the parties.
Sweatt said he sells caskets to a variety of funeral homes, which then sell directly to customers from their show floor.
“I sell wholesale to funeral homes or cemeteries,” Sweatt said. “They can do anything they want with the caskets after that. That’s their business. They can make a planter in their front yard, make it into a go-cart and race it down the street.”
Sweatt said he doesn’t carry “solid brass” placards and wouldn’t know where to find one.
He said brass and steel caskets can be indistinguishable to the eye. They can be told apart by their weight – and price. He said a bronze casket – at $3,200 wholesale in 2005 – costs roughly twice as much as steel.
Beyond that, he said either material should not leak in 10 months and could remain sealed “forever,” unless the casket is dropped or otherwise manhandled.
He said the Baynes receptacle could have been damaged by airport or trucking handlers, at the mausoleum in Georgia or by any number of people.
Getting banged up is what caused the leakage, Sweatt said, not him.
“I don’t need a lawyer. I’m innocent,” he said Friday.
The case has been sent to Alternative Dispute Resolution, which seeks to resolve disputes through settlement instead of litigation.
Local News
Man sues funeral home, casket company
- Local News
-
-
Richland manufacturer showcases expansion
Business and government leaders gathered Monday at a Richland Township manufacturing company to celebrate the expansion of its export business, made possible through some cooperative government programs.
-
New jury to hear Blair case
The 12 jury members and two alternates chosen nearly a month ago to decide the fate of Nicholas Adam Horner were excused on Monday by Blair County President Judge Jolene Kopriva.
-
Blogging with heart
Launching into the second week of American Heart Month, I'm looking at stories on the leading-edge treatment options and how local heart specialists are helping patients live longer.
-
Marijuana bust: Police seeking runaway seize dozens of pot plants
City police looking for a runaway juvenile stumbled onto a marijuana “grow operation,” seized more than 40 pot plants and arrested two apartment house neighbors.
-
Former speaker convicted
A jury on Monday convicted a senior Democrat in the Pennsylvania House of Representatives on all but one of six charges in the latest corruption trial stemming from a five-year investigation into the use of taxpayers’ resources for political purposes.
-
‘Dramatic’ Pa. budget cuts expected
Top state senators say they expect Gov. Tom Corbett to propose a budget plan today that relies on cuts in spending for education and social services to balance sluggish tax collections and the rising costs of pensions and debt.
-
ACRP seeks partners for neighborhood gardens
A few years ago, the Alternative Community Resource Program and its partners planted a garden alongside Napoleon Street in a move to fill both hungry stomachs and a need for neighborhood rejuvenation.
-
‘Hope for the future’: Workshops offer confidence boost to cancer patients
Chances are when you look good you feel better about yourself.
-
Police Roundup: Martindale man accused of trying to enter cars at Portage dealership
A Portage-area man has been charged with criminal attempt at theft after state police said he was discovered trying to enter three vehicles in the parking lot of Stager’s Chevrolet.
-
In brief: Fire destroys windmill turbine
Fire destroyed a windmill turbine at the Allegheny Ridge Wind Farm on top of the mountain in Blair County between Blue Knob and Lilly on Monday morning.
- More Local News Headlines
-
US, UK Pressure on Syria; More Homs Violence
Raw Video: Mass Killer Wants Medal, Freedom
Few Answers in Death of Sons of Missing Utah Mom
Court Strips Contador of Tour De France Title
Runaway Goat Leads Police on Wild Chase
And the Winner for Best Super Bowl Ad Is...
Raw Video: Deadly Helicopter Crash in Australia
Raw Video: Smoke, Purported Gunfire in Syria
Romney Latest Poll to Join Let-me-explain Club
Blast Kills Husband of Missing Utah Mom, 2 Boys
Obama: US, Israel Will Work Against Iran Nukes
NJ Museum Finds 19th Century Recording
Snow Causes Disruptions in Much of Europe
Clinton: Vetoed U.N. Syria Resolution 'travesty'
Romney Picks Up Decisive Win in Nevada Caucuses
Gingrich Renews Vow to Campaign Until Convention
Romney Rolls to Easy Win in Nevada GOP Caucuses
Raw Video: Missing Family Found Alive in Ore.
Police Clear Tents From Occupy Site in DC
Killer of Fla. Girl Found in Landfill Gets Life
