A couple from Pennsylvania has sued two funeral homes, claiming they were given their deceased son’s brain in a box by accident. They only realized this after the container started to leak and smell bad inside their car.
While residing in Georgia, Timothy Garlington, 56, died in November 2023. The U.S. Marine Corps veteran’s cause of death is not disclosed in the case, which was submitted on July 24 to the Philadelphia County court of common pleas in Pennsylvania. Washington Crossing National Cemetery in Bucks County, Pennsylvania, is where Garlington is currently interred.
According to a complaint received by USA TODAY, Garlington’s parents, Abbey and Lawrence Butler, made arrangements with Southern Cremations & Funerals at Cheatham Hill in Georgia to prepare and transport his remains to Nix & Nix Funeral Home in Philadelphia after his death.
The Butlers went to the funeral home in Philadelphia about a week later to pick up their son’s belongings. One of the things they were given was a simple white cardboard box with a tiny red box inside.
A Horrifying Find
The lawsuit claims that while still at the funeral home, Abbey Butler tried to open the red box but changed his mind when he saw that it was unlabeled and sealed. There were no biohazard warnings.
A few days later, the couple discovered the box inside their car was starting to leak and smell strongly. Eventually, Lawrence Butler brought it into their house, where it made direct touch with what they would later discover to be brain matter.
After the Butlers voiced their concerns to Southern Cremations, the gruesome contents were verified. They gave the remains back to Nix & Nix at the suggestion of their lawyer, L. Chris Stewart. Stewart pointed out that it’s still unknown if Garlington’s brain was ever buried with the rest of his body.
At a news conference on Thursday, June 24, Stewart expressed how tragic the error made by both funeral houses was. Unknowingly carrying their son’s human remains in their automobile causes a family to suffer twice.
Stewart went on to say that Southern Cremations transferred the biological remains to Philadelphia in a way that was against industry standards, describing it as a blatant violation of funeral home protocols.
I detected the scent of death.
Lawrence Butler stated during the press conference, “I got in my car and smelled death, and that is still etched in my heart.” He revealed that he eventually disposed of the vehicle because he couldn’t handle the thought of it being tainted. Wearing a veteran’s cap from the U.S. Air Force, he stated, “I just couldn’t stand the idea that the remains were in that car.”
“It’s challenging to manage,” he continued.
Both funeral establishments are charged in the case with negligence, causing emotional anguish, and improperly treating human remains.
According to the complaint, the defendants’ actions and inactions were severe, egregious, and demonstrated deliberate wrongdoing, malice, and a total disregard for the rights of the plaintiffs and their deceased son.
Stewart added that the family has not received an apology or an explanation from either funeral facility.
If the matter goes to trial, a jury will decide on compensation because the action does not mention a monetary sum for damages.
