Families awarded $5M for mishandling of bodies at former Lewiston cremation business

Ken Kincer stands accused of mishandling the corpses he took into his business for cremation.
Investigators say they discovered 11 bodies in unrefrigerated storage during a visit in May 2021.(Gray tv)
Published: Oct. 1, 2022 at 10:53 AM EDT

LEWISTON, Maine (WMTW) - It took jurors in Androscoggin County Superior Court in Auburn less than two hours to come back with their verdict of $5.5 million in damages.

Ken Kincer stands accused of mishandling the corpses he took into his business for cremation. The State of Maine suspended his license for ten years, but he was never charged with a crime so angry families hired lawyers and are seeking justice in civil court.

Eleven bodies were discovered piled on top of each other, left to decompose in the summer of 2021 in the basement of Kincer’s funeral home, Affordable Cremation Solution in Lewiston, authorities said.

This was the first of at least six cases to be filed against Kincer and Affordable Cremation Solution (ACS). Some cases were already settled out of court.

The plaintiff in the first civil trial, Marielle Bischoff-Wursle of Falmouth sued on behalf of her father, Bruce Wursle, whose body was among the eleven.

A lawyer representing the family spoke outside the courthouse after the jury award $5.5 million-- $500,000 more than lawyers had asked for.

“I think she feels like she’s had acknowledged from this community about how awful this was. She feels validated by that,” said Meryl Poulin.

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Kincer’s insurance company said in court there was only so much money to go around.

WMTW asked the lead attorney, Ben Gideon, what about the other families that have yet to get their day in court. Will there be any money for them?

“So, I don’t want to get into the details of available insurance, or available money. Today we’re just happy with the verdict and we’re going to take it one step at a time for the next client and the case as the process moves forward,” Gideon said.

Gideon’s law firm is representing a total of six families. He said the next case could go to trial in November.