Case Summary

5015 REVIEW DENIED. After a pathologist hired by a county coroner to perform an autopsy on a decedent retained the decedent's heart to determine the cause of death, the decedent's mother sued the pathologist, coroner, and county for negligence. The trial court improperly denied the defendants' motion for summary judgment because the pathologist had no duty to obtain the decedent's mother's consent before retaining the heart but was merely assisting the coroner to fulfill his duty to determine the cause of death.

BENSON v SUPERIOR COURT (Coroner's Duty) 185 CA4 1179 REV DENIED [See Gov Code § § 27491.45, 820.2; Conroy v Regents 45 C4 1244]