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Companies Lose Attempt To Force Autopsy Over Religious Objections

By Howard M. Friedman

The Newark Star-Ledger reports that Honeywell International and Chrysler Motor Corp. have lost their bid to further delay the burial of Harold St. John who had sued the companies and others for damages, alleging that his mesothelioma was caused by exposure to their products used in an auto-repair shop in which he worked. St. John died on Feb. 28, two days before his trial was to begin. A New Jersey appellate court ordered his burial delayed while it heard arguments over religious and moral objections to an autopsy raised by St. John's family. That order was served on the funeral director on March 4, just moments before the funeral. Now, in St. John v. Affinia Group, Inc., (NJ App. Div., March 18, 2009), the New Jersey appellate court concluded that the companies had not shown that lung tissue from the requested limited autopsy would likely lead to evidence that would be significant at trial. Therefore, it concluded, an autopsy should not be ordered over the objections of St. John's family and St. John's burial should proceed.

Full post as published by Religion Clause on March 19, 2009 (boomark / email).