Carol Ostrow Sep. 9, 2015, 12:10pm

A bereaved family is suing Living Waters Funeral Service claiming breach of contract and alleging a crematory-related error which the plaintiffs aver created pain and anguish for the survivors.

Pompey Hicks III and Denise Hicks, son and widow respectively of Pompey Hicks II, brought a lawsuit against Living Waters Funeral Service on Sept. 2 in Cook County Circuit Court, alleging violation of the Crematory Regulation Act in 2011.

The suit states that when the elder Hicks passed away on Sept. 30, 2011, plaintiff Pompey entered a written contract with the defendant dated Oct. 3, 2011, to cremate his father’s remains and return them to Denise Hicks.

According to the complaint, the defendant has failed to abide by the agreement despite alleged numerous requests, including “at least two attorneys acting on Mr. Hicks’ behalf.” The plaintiffs claim breach of contract, along with both intentional and negligent infliction of emotional distress.

The lawsuit states specifically that on several occasions, a representative of the defendant’s business would “make arrangements” for pickup or delivery, only to cancel the plans each time.

The plaintiffs charge the defendant with having lost, disposed of or otherwise destroyed their loved one’s remains in an unlawful, unauthorized manner in violation of both their contract and state law.

Claiming emotional distress, pain and suffering, the Hicks family demands compensatory damages, including fees paid to the defendant, plus attorneys’ fees and costs. They are represented by Kevin O’Connor, Heewon O’Connor and Ryan Estes of O’Connor, PC in Elmhurst.

Cook County Circuit Court case number 2015009054

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