Deceased man’s son sues Morris David’s

By Diane Saunders
Staff Writer
Published on Wednesday, December 3, 2008 10:11 AM MST

Morris-David’s Safford Funeral Home is named the defendant in a civil lawsuit filed in Pima County Superior Court by Matthew Mendoza, whose father’s remains were in the care of the funeral home in 2007.

The civil suit is the latest action taken against the funeral home in connection with mishandling of Clifton resident Fred Mendoza’s remains, which were placed in Morris-David’s care in August 2007.

Scottsdale attorney Greg Davis is representing Matt Mendoza in the suit. Davis said Monday that his client was damaged emotionally and financially by Morris-David’s and its owners, Carl and Melissa Morris. He said his client will likely not gain financially from the lawsuit.

“This is about the principle. These people need to be stopped,” Davis said.

Carl and Melissa Morris declined to comment on the pending lawsuit. They also declined to comment on the consent agreement and revocation/probation order issued by the Arizona State Board of Funeral Directors and Embalmers in connection with the case.

The state board ordered the revocation of the funeral home’s license; however, the revocation was stayed until Feb. 1, 2009, to allow the Morrises time to finalize the affairs of the funeral home.

“As of Feb. 1, that business will no longer exist,” Rudy Thomas, executive director of the State Board of Funeral Directors and Embalmers, said Monday.

Carl denied Monday that the funeral home will close by Feb. 1.

Mendoza filed a complaint with the state board after he was not permitted to see his father prior to cremation and did not receive his father’s personal effects. Mendoza also alleged that the death certificate was forged.

“They had no right taking stuff from my father. They had no right to keep me from my father,” Mendoza said.

According to the consent order from the state board, the Morrises admitted to the board’s findings of fact and conclusions of law, including that the funeral home staff was not responsive to Mendoza’s requirements or needs concerning funeral arrangements; did not allow Mendoza to see his father’s body before cremation; failed to deal with consumers in an “honest and truthful manner”; did not document the inventory of the deceased’s property; failed to provide a price list and consumer information; and issued a death certificate with multiple errors. The medical examiner denies the signatures are his.

Anyone who purchased pre-arranged burial insurance through Morris-David’s will be served by another funeral home or by the state board. For more information contact the State Board of Funeral Directors and Embalmers at 602-542-3095.

Comments

53 comment(s)

    ananomys wrote on Jan 11, 2009 2:25 PM:

    " Be careful not to judge too quickly. There are lots of unkown facts that we are not privelaged to. Maybe the funeal home offered a time of viewing, but Mr Mendoza didn't want to pay for it. In a death that is ruled "unnatural causes" the Coroner/medical examiner must sign a death certificate and the county will process a permit for burial or cremation. So a permit already would have been approved if the M.E. released the body. In all cases the funeral home will do a resonable search to find next of kin. "

    dan wrote on Dec 28, 2008 7:32 PM:

    " I am with Morgan,the only doors that should open for those two are prison doors! "

    saddened wrote on Dec 27, 2008 7:47 PM:

    " TO MORGAN,
    There is a higher judge that will judge us all at the time of death, don't cast stones we all need to step back and look at our own lives before judging eachother. May God Bless and soften your heart. "

    Morgan wrote on Dec 26, 2008 3:06 PM:

    " It looks like the only doors that should open for those two are cell doors at the county jail. "

    saddened wrote on Dec 25, 2008 4:27 PM:

    " To Carl and Melissa,
    You two are wonderful people and are appreciated by many. You both have taken care of my grandmother, nephew, and my Father. May God Bless You Both in all you continue to do. Where God may close one door he will continuing opening new ones. "

    lets hope wrote on Dec 23, 2008 2:13 PM:

    " I hope the Mendoza family ends up owning the funeral home. Whether Mr. Mendoza committed suicide or died in his sleep, the family deserves to see the body. When my cousin was killed in a wreck and mangled badly, his parents were still able to see his body. Take 'em to the cleaners Mr. Mendoza. May your father rest in peace. "

    To the truth wrote on Dec 23, 2008 2:09 PM:

    " The Mendoza family lives out of state and wasn’t even notified of the death until the day after the funeral home picked up the body. A funeral home should not feel justified in steeling from a body just because their family is not on the scene immediately. "

    To True Facts wrote on Dec 23, 2008 2:08 PM:

    " Your gruesome details shows how insensitive a person you are and I am sure you are somehow involved with the funeral home. When someone commits suicide they do not give family a chance to say goodbye. It is not up to the funeral home to decide if a loved one wants to see their family member no matter what state the body is in. The Mendoza family did not get to say their goodbyes and they did not receive any of their father’s personal effects which the Sherriff witnessed on the body. The funeral home then forged the coroner’s signature. "

    My Opinion wrote on Dec 23, 2008 10:13 AM:

    " Sounds like Melissa's KARMA is coming back to get her. "

    you would think wrote on Dec 23, 2008 2:56 AM:

    " this funeral home sounds like it really needs to go away...they are filled with lawsuits, tax problems, liens, bad business, they filed bankrupt....it seems like they can not do anything right! "

    To the Truth wrote on Dec 22, 2008 5:37 PM:

    " With every business comes responsibility. Funeral Homes have a Code of Professional Conduct . The code outlines various ethical and professional practices to which NFDA member funeral homes must adhere. The code addresses the obligations of the funeral professional in five key areas: 1) obligations to the Family, 2) to the Care of the Decedent, 3) to the Public, 4) to the Government and 5) to NFDA. It's NOT a families responsibility to do the funeral home's job... "

    True facts wrote on Dec 22, 2008 1:32 PM:

    " In order for a burial to happen you have to have a burial permit. in order to get a burial permit the body needs to either be released by the medical examiner with a cause of death and or a primary physician to sign off on the death certificate with a cause of death in order to get the permit. You cannot have a burial without this piece of paper from the department of health from where the deceased died in. "

    the truth wrote on Dec 22, 2008 9:09 AM:

    " The day the deceased passed away the family should've been at the funeral home. Almost the whole time my father was at Morris Davids Funeral Home we went and checked on his body to make sure it was in good care! I thinks it the familys fault and has not write to sue the poor funeral home who is berley getting out of depression and stress. Well thanks for reading this. "

    Whitney wrote on Dec 19, 2008 3:26 PM:

    " How can these people sleep at night? To mess with people, the deceased, and their personal belongings at such a vulnerable time is abhorrent and they should not only have their licenses revoked, but be sent to the loony bin. How dare they. "

    ToHope wrote on Dec 19, 2008 8:21 AM:

    " That's too bad that they gave that excuse when it's not true. Someone messed up ! "

    lets hope wrote on Dec 18, 2008 3:21 PM:

    " That was the excuse that was given to the people at the funeral. Why else could they not bury this poor soul? Not everyone could come back for the burial because they lived out of town. Never in my long years have I heard of a funeral home holding out a body and burials being postponed after a funeral. That was just wrong. "

    To lets hope wrote on Dec 18, 2008 2:45 PM:

    " The death certificate does not have to be received before burial, it's usally 4 weeks before the death certificates are even received! Before you criticize, know the facts. "

    Waiting wrote on Dec 18, 2008 1:23 PM:

    " "...this poor corpse had to wait. "

    I'm sure he didn't mind. "

    lets hope wrote on Dec 17, 2008 1:57 PM:

    " Let's just hope that the new funeral home owners and caretakers will be more compassionate to the families of our deceased. If they treated the families badly, I just wonder how they treated our loved ones on the gurney. I heard from another party that on the day of the funeral, they couldnt bury their family member because of no death certificate. They had to wait a few more days to bury. Isnt it the responsibility of the mortician to get the death cert. before the body is moved? this poor corpse had to wait. "

    To True Facts wrote on Dec 17, 2008 12:51 PM:

    " That is very true and something for people to think about. Wouldn't they have explained that to him? I dont think the Board would shut them down on one complaint though. They've had many... "

    Why wrote on Dec 17, 2008 12:46 PM:

    " would you, True Facts, write such a gruesome description and essentially rub salt in an already raw wound? Sounds to me like you might be one of the guilty parties. There are ways to view a deceased loved one and not be exposed to health hazards. Viewing, no matter how unpleasant, is important for closure. "

    True Facts wrote on Dec 17, 2008 7:50 AM:

    " Has anybody stopped to think why Mr. mendoza couldn't see his father? Did you think that his father could have been in to bad of shape for him to see. Did you stop and think that it could have been a health hazard? Mr. mendoza(may his soul rest) took his own life and was not found until 6-8 weeks later in the SUMMER!! Now you tell me that one you would be able to identify your father when your father is barley put together by his own clothes because of being dead without anyone knowing. "

    bpfitz wrote on Dec 15, 2008 7:42 PM:

    " The Morris funeral home owners should never be allowed in the business again. They also should face criminal charges for taking advantage of vulnerable, mourning family members. "

    Just Curious wrote on Dec 15, 2008 5:08 PM:

    " Why do you suppose someone, such as these two, would treat people so cruel and unfair but turn around and treat others better? From what I am reading, it is strange that they either treated people badly or with respect. I don't understand this. "

    Michael wrote on Dec 15, 2008 1:42 PM:

    " To Carl and Melissa Morris:

    For whatever you do to the least of my brothers that you do unto me. Matthew 25:40 "

    Holly wrote on Dec 14, 2008 2:07 PM:

    " it's appalling that something like this can happen. to take advantage of somebody is terrible enough aside from doing it at such a terrible time. my condolences to the mendozas. i pray that justice is served. "

    Alex wrote on Dec 13, 2008 5:17 PM:

    " This is atrocious! I am outraged. I can't believe these grave robbers. I hope that there punishment is carried out. And Kudos to the Mendoza Family for pursuing a lawsuit without any gain. I applauded your efforts to find them justice. "

    swanky wrote on Dec 12, 2008 2:56 PM:

    " This story is heartbreaking. It's atrocious that this home was bale to rack up so many complaints and still it took a lawsuit to shut them down. It's small consolation that no other family will have to deal with this funeral home. "

    Hope is coming wrote on Dec 12, 2008 10:06 AM:

    " This is a very sad story to hear that someone who has been trusted with a loved one at a most tender time could take such cold hearted measures to be so dishonest. BUT...a new funeral home is coming to town owned by an extremely honest, tender and caring individual. He will bring faith back to the industry in this valley as he will be compassionate as well as monetarily fair with our community.
    "Out with the old and in with the new!!" "

    Ashley wrote on Dec 11, 2008 8:19 PM:

    " A funeral home has a responsibility, just like every business has, to respect its customers. It takes a strong individual to take up the business of death, seeing things I only see in the movies, but after reading this story it sickens me to hear that some one in the position of helping those deal with lose could do something so inhuman. I can only hope that the state of Arizona will bestow upon them the same courtesy that they gave to their grieving and paying customers. This is an unforgivable act. "

    Steve wrote on Dec 11, 2008 12:36 PM:

    " After reading this, I was madden at the lack of caring, responsibility and respect for the deceased as well as with the family in the treatment of their beloved one. Morris-David’s Safford Funeral Home should be made to pay for their disrespect. In my opinion, they'll never learn until same thing happens to them. "

    Outraged wrote on Dec 10, 2008 8:03 PM:

    " Since the medical examiner denies the signatures are his, why don't they get felony forgery charges brought against them? To take advantage of people in mourning is inhumane. Also to steal from the dead is unacceptable in any way, shape or form. My deepest sympathies for the Mendoza family and hope the funeral home pays for their indecencies. Shame on you Carl and Melissa Morrisa, karma will take care of you. "

    Vivian wrote on Dec 10, 2008 10:29 AM:

    " What an outrage! The Morris' are getting away with the equivalent of a slap on the wrist -- if even that, given that the closing of the funeral home is disputed by them. What they've done -- not just to the Mendozas, but apparently to many others -- is certainly criminally fraudulent. Moreoever, the blatant disrespect they show for those who entrust their loved ones to them is morally and ethically abominable. Failing to file criminal charges against them would send a strong message of tacit approval of this behavior by law enforcement. "

    Echo Peterson wrote on Dec 9, 2008 10:06 PM:

    " After reading this I was sick. My sister passed a few years ago and I would be completely devastated for this happened to our family. My condolences truly go out to the Mendoza family. If anyone is reading this Please just think what if it was your father or Loved one..... How would you deal with this? This company has to charged for their actions. "

    Echo Peterson wrote on Dec 9, 2008 9:54 PM:

    " After reading this I was sick to my stomach, that a funeral company who is trusted with so much responsibility would not only betray but devastate
    a family in mourning. Not to mention the realization of taking there Life given right to say good-bye. How dear they call themselves Christians , I being a baptized Christian myself know that what they have done is completely immoral . How is this family supposed to get through their mourning process...?" What if it was your Father>>> "

    Echo Peterson wrote on Dec 9, 2008 9:47 PM:

    " After reading this I was sick to my stomach, that a funeral company who is trusted with so much responsibility would not only betray but devastate
    a family in mourning. Not to mention the realization of taking there God given right to say good-bye. How dear they call themselves Christians , I being a baptized Christian myself know that what they have done is completely immoral . How is this family supposed to get through their mourning process...?" What if it was your Father>>> "

    chante wrote on Dec 9, 2008 9:30 PM:

    " I have known the Mendoza family for several years, and this incident has saddened me deeply.
    We have been here for them during this time of mourning and hardship. I personally believe the people responsible for this should face criminal charges. Theft, forgery and contempt just to name a few. Last time I heard forgery is a felony. I could not even imagine not being able to say goodbye to a loved one!!! How devastating! How immoral! "

    andy wrote on Dec 9, 2008 9:03 PM:

    " After reading these stores and talking with friends. i hope that the authorities stop this place and prosecute them and all the people that are in charge . I know that if this happiness to me when its time for my parents to go. Ill make sure that the place fallows the guiide lines . its a shame that there is a place that would do this type of think . when you are at one of the lowest times . its just wrong !!!!! "

    Adam wrote on Dec 9, 2008 8:17 PM:

    " Is this fraud? Should criminal charges be pressed?


    This seems deeply wrong to treat people in such a way. "

    Virginia Morales Smith wrote on Dec 9, 2008 6:37 PM:

    " I now live in Phoenix,so i log online 2-3 times a month.My husband,Joe, died in 2002,We went with Melissa and Carl.I CANNOT express just how well we were treated,i know my family will never forget their attentiveness!So publicly,Melissa,Carl thank you so very much.You both made what was a very hard time,a bearable time.Thank You!! "

    FED UP wrote on Dec 5, 2008 5:11 PM:

    " yup, she does need to be stopped!! in 2004 they handled my mothers funeral , i never recieved the gown my mother wore when they picked her up , and yes i asked for it, as for being crooked and theives, yup they are. i payed a large sum of money on the funeral and was told i could make payments on the balance which i did, balances didnt add up, low and behold they are suing me, after four different letters with four different balances, im filing bankruptcy they arent getting anymore $$$ from me "

    to deb wrote on Dec 5, 2008 9:25 AM:

    " no she was running the funeral home again..she says always it someone else fault...and they suspend her licences for 5 years for that...and all this happens again so they revoked it for good. thank god "

    update wrote on Dec 5, 2008 9:15 AM:

    " the funeral home melissa licences was supended from the state, and she was running the funeral home and she was in 2007. Shed like to blame others but its all her. "

    Deb wrote on Dec 5, 2008 5:48 AM:

    " was this during the time that someone else was running the funeral home because the was a severe illiness in mellisa family. If you remember ther was talk of the state board ordering the revocation of the funeral home’s license and nothing came of it because it wasn't there fault. I would not have survived the death of my son had it not been for these wonderful people. I also know several people who were very unhappy with the other funeral home in town. "

    Arizonan wrote on Dec 4, 2008 10:53 PM:

    " It appears that it's time for the Morris' to find a new career, or rather, a new scam.

    Perhaps, criminal charges need to be filed such as Theft, Conspiracy, or Extortion to name a few. After all, they provided dishonest service & stole this gentleman's money. "

    Deja vu wrote on Dec 4, 2008 6:18 PM:

    " This one hit home with me. I did know Fred and I did know that he had passed. I am sorry that his son had to deal with Morris Funeral home. My mother passed in 2003 and I also had problems with them.
    I wonder how many others have had problems? "

    Calen dar wrote on Dec 4, 2008 4:58 PM:

    " Late 1999 or early 2000. "

    when wrote on Dec 4, 2008 4:36 PM:

    " they took over in 2005 "

    Non-Sequitur wrote on Dec 4, 2008 11:56 AM:

    " Does anybody know when the Morris's took over from David's, I am a little concerned as we used them for a relative of mine, I just don't remember if was David's or the current fiasco. "

    Louise wrote on Dec 4, 2008 8:36 AM:

    " When the home was Saffords Davids (I believe) it was run with such morals and values. He was a wonderful person. For these owners to claim to be Christians, all this is absurd! If I had not been allowed to see my loved ones body prior to cremation, I would have sued as well. They NEED to be closed down. "

    jodis wrote on Dec 3, 2008 1:20 PM:

    " My prayers go out to the Mendoza family for such poor and disrespectful service provided by the funeral home. How dare they keep this family from their loved one. How sad that they would keep his personal items. "

    Really wrote on Dec 3, 2008 10:56 AM:

    " How could you treat someone so poorly? As a human Id like to say sorry to this family and shame on anyone who would not take care in someones death! "

    smalltowngirl wrote on Dec 3, 2008 10:41 AM:

    " How incredibly sad. may the mendoza family find peace and comfort after this is all over.

    Shame on you Morris funeral home! "

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