Couple sues funeral home that buried another child over theirs

HOUSTON -- The parents of a newborn who lived just a day filed a lawsuit against a Fort Worth funeral home with ties to Houston that they said buried another child on top of their daughter.

After ten years of marriage, Steven and Angela Watson were thrilled to finally be expecting a child.

"I didn't believe it at first, it was a dream come true to say the very least. It was a miracle," Angela said.

"We were excited, very happy," Steven added.

The little girl was due in December of 2014, but she decided to come early - four and a half months early.

"When she was born, they said she was too little," Angela said. "They asked if we wanted to hold her, and we did."

"We shoved every bit of love and time we could with her until she passed," Steven said.

Little Joy only lived a day. They buried her at a Fort Worth area cemetery and returned to visit when they could.

Then, on the day she was supposed to be born in December of 2014, their visit turned their lives upside down again. Items from another child were on the burial site.

"At one point, one of the men turned and said, 'Ms. Watson, we're so sorry, but we think we've buried another child on top of yours,'" Angela recalled.

After moving that child, the Watsons said it took weeks for the cemetery to locate their daughter. They actually had them open the grave box and pull out a letter and bracelet to prove this was their child.

The grieving mother said, "You don't sleep because someone you trusted with your child lost your baby."

The couple said the company has admitted to their error. They made that claim in a lawsuit filed again Emerald Hills Funeral Home and Memorial Park in Fort Worth. According to the lawsuit, it's registered through a non-profit corporation based in Houston.

The lawsuit claims the funeral home and cemetery failed to handle and bury the child properly and claims gross negligence. The couple said the pain of losing their child was difficult enough, but they feel this situation made them have to relive it more than once.

"It's supposed to be closure, not this," Angela said.

Eyewitness News has made repeated requests for a response from the company regarding the lawsuit, but they have not responded to those calls.