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Defendants sought dismissal of plaintiffs’ complaint seeking damages for the alleged mishandling of plaintiff Brian Limmer’s mother’s funeral. Defendant’s negligence and conduct during and after the funeral allegedly violated National Funeral Directors’ Association standards. They also sought to recover for Brian’s back injuries resulting from a phone call with defendants during which he “sprang from his chair and turned” causing surgery-inducing injuries. Defendants argued their alleged misconduct did not proximately cause Brain’s back injury as Brian’s actions were not foreseeable. The court said defendants mischaracterized and “inexplicably limited” plaintiffs’ claim, noting the challenged conduct went “far beyond” the call. Dismissal of the entire complaint was unwarranted; defendants failed to show plaintiffs’ substantive claims lack merit. Yet, defendants were correct that plaintiffs could not recover damages for Brian’s back injury. The risks of a contentious phone conversation were minimal and unforeseeable. Brian’s back injury was not proximately caused by the conversation, but by a sequence of events that could not be reasonably foreseeable or protected against. Hence, plaintiffs’ claims to recover for Brian’s back injuries were dismissed.

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