LIHUE — A civil suit filed in 5th Circuit Court claims that a cremation occurred prior to the family’s request for a viewing of their loved one’s body. The plaintiffs, Janet Miller-Santiago, of DeBary, Fla., and Joaquin Santiago, of Union,
LIHUE — A civil suit filed in 5th Circuit Court claims that a cremation occurred prior to the family’s request for a viewing of their loved one’s body.
The plaintiffs, Janet Miller-Santiago, of DeBary, Fla., and Joaquin Santiago, of Union, N.J., filed suit on Jan. 27. They are charging negligence and breach of contract against Kauai Memorial Gardens of Lihue.
Christopher Santiago, 31, of Kapaa, passed away on Aug. 4, 2012. The New York native and son of the plaintiffs was a chef at Café Portofino and one of two people killed, with three injured, when the van he was driving went down an embankment off Rice Street in an early morning accident.
Kauai Memorial Gardens and Funeral Home assisted the Santiago family with arrangements leading to an Aug. 11 memorial at Lydgate Park, with an evening bonfire at Kealia Beach.
The suit alleges that Miller-Santiago contacted the Kauai Memorial Gardens on Aug. 6 about cremation services for Christopher.
The funeral home advised them about signing an authorization for cremation and disposition, the suit claims.
That same day Miller-Santiago claims to have contacted the funeral home with information that the families wanted to view the body prior to cremation.
The families were coming from out of town and in acting under advisement of a grief counselor, asked to “see, touch and talk” to Christopher prior to his cremation to help with closure.
The authorization for cremation and disposition was signed and faxed to the funeral home on Aug. 7. It was also emailed by Joaquin Santiago, who faxed it to the funeral home representative and receipt was confirmed by phone.
Miller-Santiago claimed to have instructed a representative again about waiting until families arrived for a private viewing before cremating the deceased. The families were to arrive on Aug. 8, and requested a private viewing on Aug. 9.
The suit claims that on Aug. 9, Miller-Santiago and other family members arrived at the funeral home and were led into a waiting room.
She claims a representative asked if the family “had a change of heart” about the viewing.
Miller-Santiago replied no, and was then told that Santiago had been cremated on Aug. 7.
The suit claims that the funeral home failed to document and communicate the family’s wishes properly. As a result of negligence, the family was unable to have a proper viewing.
The second count in the suit alleges breach of contract for a domestic profit corporation in failing to provide promised services.
The suit is seeking general and special damages to be proven at trial.
The family is being represented by attorney John Yamane of the Honolulu firm, Leavitt Yamane & Soldner. Calls for comment were not returned.
A representative of Kauai Memorial Gardens and Funeral Home stated that they were not aware of the lawsuit.
• Tom LaVenture, staff writer, can be reached at 245-0424 or by emailing tlaventure@thegardenisland.com.
