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Civil Litigation

Feb. 13, 2025

Court upholds new trial in wrongful death mix-up

The ruling keeps the case alive but dismisses key claims, setting up another legal battle over the emotional distress caused by the wrongful death notification.

A California Court of Appeal has affirmed a lower court's decision granting a new trial in a tragic case of mistaken identity that led a family to bury a stranger while their loved one was still alive.

On May 6, 2017, the Orange County Coroner's Office was called out to conduct a body behind a Verizon store. They incorrectly identified the deceased as Francis "Frankie" Kerrigan, a 57-year-old man with schizophrenia who was experiencing homelessness.

Cour...

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