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BOURBON - A funeral home and some of its staff are facing a lawsuit over allegations a deceased person in their care was improperly cared for and allegedly using undue influence to gain control of and steal a woman’s assets.
The plaintiff, Judy Bailey, is suing Deaton-Clemens Funeral Home LLC, owners Terry and Julia Clemens individually and Kristin Harp, individually and as an agent/employee of Deaton-Clemens.
The complaint stated Bailey was the person arranging her brother’s funeral services after he died July 29, 2024, and she contacted Deaton-Clemens to transport the decedent. Terry responded he was tired, had already picked up two bodies that day and would send a friend named “Daren” instead.
The decedent was transported in the back of a pickup truck under a topper, which the lawsuit states was an undignified and unacceptable method of transport. The lawsuit says the body was not taken to the funeral home promptly and was not properly stored.
When Bailey arrived at the funeral home on July 30 to make arrangements, she was told the funeral home had not even arranged for the body to be returned to the funeral home. On the day of the funeral, no grave had allegedly been prepared for burial. Terry claimed the ground was too wet to dig a grave, but the lawsuit states weather records showed no such impediment. Bailey also claims she has no confirmation her brother was actually buried as promised.
Bailey also alleges improper embalming of her brother.
Following the funeral, Bailey claims Harp cultivated a personal relationship with Bailey, establishing a relationship of trust and confidence.
On Sept. 19, 2024, Bailey had a lunch meeting with Harp to purportedly discuss Bailey’s preneed funeral arrangements. Bailey claims she experienced sudden, extreme fatigue shortly after returning from the restroom, consistent with possible chemical sedation. Bailey also claims Harp visited Bailey on several occasions, possibly spiking her drinks. The claim states Bailey suffered from several health issues after the Sept. 19, 2024, meeting. Prior to Sept. 19, 2024, Bailey had received a physical from her physician and had received a clean bill of health.
During September and October 2024, Bailey made Harp her power of attorney, sole beneficiary to her will, grantee of a life estate and member of a joint bank account. All of this was the product of undue influence, according to the lawsuit.
Harp allegedly asked Bailey for a loan of $8,000 in December 2024, which was agreed to if paid back. The claim states $157,210.68 was withdrawn from their joint bank account and no repayments were made. That money was allegedly used to pay the credit card and tax debt of the funeral home and for personal matters by Harp.
In the answer to the lawsuit, the defendants deny claims that were made.
Terry admitted he was caring for two other families the day Bailey’s brother died and asked another director licensed in Indiana to handle the removal of his body. Terry denied he responded saying he was tired so he was sending someone else. The defendants also denied how the transport was handled, saying Bailey’s brother was transported in a 2018 Chrysler Pacifica minivan that was outfitted with a stretcher and other equipment required to professionally and respectfully remove and transport a decent. They also said Bailey’s brother was cared for and stored in a professional manner consistent with industry standards and regulation.
The defendants also deny no grave had been prepared for burial and his body was stored at an unknown location overnight. They say Bailey’s brother’s body was professionally embalmed and prepared for the services consistent with industry standards and practices. The answer says Bailey’s brother was interred in the proper grave in Plymouth on Aug. 1, 2024.
Harp also “denies the friendship was anything other than a mutual relationship that the plaintiff initiated and sought out or that was inappropriate.” She also denied allegations of drugging or poisoning Bailey. Bailey voluntarily made Harp her power of attorney and Harp denied all accusations related to the withdrawal of money from Bailey’s account.
Bailey’s lawsuit requests the court award compensatory damages in the amount of $157,210.68 for the converted funds; award treble damages for crimes against Bailey; award compensatory damages for emotional distress, trauma and other harm in an amount to be determined at trail, but less than $100,000; award punitive damages in an amount sufficient to punish the defendants and deter similar conduct; order return of all benefits wrongly obtained by the defendants; order defendants to provide written confirmation Bailey’s brother was properly buried; award prejudgement and postjudgment interest at the statutory rate; award Bailey her costs and reasonable attorney’s fees; and grant all other relief the court deems just and proper.
When asked for comment, Deaton-Clemens Funeral Home referred the Times-Union to their attorney, Kenneth E. Biggins. Biggins’ law office said they do not comment on pending litigation.
