MARIETTA, Ga. — A Pennsylvania family filed a lawsuit against two funeral homes, including one in metro Atlanta, claiming their son’s remains were mishandled when they received a box with his brain.
Timothy Garlington, who was originally from Philadelphia, died in November 2023. He lived in metro Atlanta at the time of his death.
His family said they hired Southern Cremations & Funerals in Marietta and Nix & Nix Funeral Homes in Philadelphia to handle Garlington’s remains and arrangements.
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A week after his death, Garlington’s parents said they went to get their son’s belongings at Nix & Nix. They said the staff gave an unmarked white box with a smaller red box they couldn’t get opened.
The lawsuit said the parents didn’t know it was their son’s brain matter until it started to smell and leak.
“I got in my car, and I smelled death,” said Lawrence Butler.
“They got the box which was leaking fluid which got all over them and they took the box inside their home,” Attorney Chris Stewart said. “After questioning what that was with Southern Cremations, they were informed that by some accident somehow it was their son’s brain.
“I’m just so disturbed by this. How can this happen? How can it happen? That’s why they hired us because we are going to get answers.”
Channel 2 Cobb County Bureau Chief Michele Newell contacted Southern Cremations & Funerals, but a representative declined to comment.
“The funeral was made harder by the fact that they are dealing with this issue on top of that. The negligence here really speaks for itself. What we are concerned about is this is probably indicative of a more systemic internal problem,” Associate Trial Attorney Alex Perwich said.
A representative for Nix & Nix Funeral Home in Philadelphia is blaming Southern Cremations & Funerals for what occurred. They said the box which wasn’t labeled, and it wasn’t a part of the list of the Garlington’s personal belongings that Southern Cremations & Funerals submitted to Nix & Nix Funeral Home.
The Georgia State Board of Funeral Services said it conducted an investigation that did not result in a revocation or suspension of the license. State officials said as the law relates to professional licensing boards, the findings of the investigation aren’t public.
“The family to this day does not know if their son is resting in peace. We do not know what they did with the brain. They haven’t told the family anything, not even an apology,” Stewart said.
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