A second family is taking legal action against R.G. Ortiz Funeral Home, alleging their loved one’s body was mistakenly placed in another man’s casket and displayed during another family’s wake.

Details of the $18 million lawsuit were first provided to News 12 ahead of its filing Monday.

According to a press release provided to News 12, the lawsuit alleges R.G. Ortiz Funeral Home mixed up the bodies of two deceased men, resulting in a man who was supposed to be directly cremated being dressed in another man’s burial clothes and placed in an open casket for another family’s wake.

Jose Luis Diaz died on May 17 at 70 years old. According to the release, his wife and children entrusted his body to R.G. Ortiz Funeral Home with instructions that he be directly cremated. Diaz specifically did not want a viewing.

Instead, the lawsuit alleges Diaz was dressed in another man’s clothing and placed in an open casket for the wake of 84-year-old Jose Daniel Diaz Felipe.

The lawsuit alleges Diaz Felipe’s family told the funeral director during the viewing that the man in the casket was not their loved one, but the funeral home insisted the man was their father. According to the release, the funeral home later admitted a mistake had been made involving two deceased men with similar names, “Jose Diaz.”

Diaz Felipe’s family filed a separate lawsuit in August over the alleged mix-up.

“The dead cannot speak for themselves, what they can do is make their final wishes known,” attorney Phil Rizzuto said, calling what happened “a grotesque betrayal of this family’s trust which is irreversible.”

The action also names Michelle Ortiz personally, alleging she was a licensed funeral director and the owner, president, CEO and controlling person of R.G. Ortiz Funeral Home.

According to the release, the complaint alleges loss of sepulcher, breach of contract, negligence and gross negligence and seeks damages, including punitive damages.