A Pennsylvania couple sued two funeral homes in charge of their son’s remains after they claimed they got a box containing the deceased man’s brain.
Abbey and Lawrence Butler’s 56-year-old son, Timothy Garlington, passed away on November 15, 2023. Garlington had been residing in Georgia at the time of his death, so the Butlers sought the assistance of Southern Cremations & Funerals in Marietta and Nix & Nix Funeral Home in Philadelphia to lay their son to rest.
According to a lawsuit filed in Philadelphia and obtained by Law&Crime, the Butlers got a box from Nix & Nix containing his “personal effects and belongings.” Lawrence Butler opened a white box to reveal another red box within. The Butlers were unable to open the box, but they did note that it began to “smell and leak fluids” inside Lawrence Butler’s car.
According to the lawsuit, the crate included Garlington’s brain. During a press conference at the Wapner Newman law offices in Center City on Thursday, attorney L. Chris Stewart, whose Atlanta-based firm Stewart Miller Simmons Trial Attorneys is representing the Butlers, along with Wapner Newman’s Samuel Anyan, Jr., stated that the “unmarked” white box found among Garlington’s personal effects was not on the inventory list provided to the Butlers.
Lawrence Butler became emotional as he recounted what transpired in the days after his son’s death. He went on: “It was and it is still in my heart, that I got in my car and I smelled death.” He continued, “We just hope that this never happens to anyone else. And it is just… I needed to get rid of the car. I couldn’t bear the thought that the remains were in that car.”
When questioned by a reporter about how Garlington’s brain became separated from the rest of his body, Stewart stated that he spoke with other funeral homes about their procedures and came to the conclusion that “there is at no point where the brain is separated from the body and shipped in that fashion.”
Attorney L. Chris Stewart shows a snapshot of the box containing the human remains of Abbey and Lawrence Butler’s son (WCAU).
When queried about the discovery of the brain inside the box, Stewart stated that the Butlers went to Nix & Nix to receive their son’s possessions from the funeral manager, and the white box with the red box inside was on the manager’s desk. Abbey Butler struggled unsuccessfully to open the box, not knowing what was inside. The Butlers returned their son’s things, including the box, to their home, leaving it in the car.
Days later, Lawrence Butler noticed that his vehicle began to smell and that the box was leaking fluid. Stewart stated that he took the item into his residence. According to the lawsuit, Lawrence Butler had direct contact with his son’s brain matter. According to Stewart, the couple eventually discovered at the Georgia funeral home that the package contained Garlington’s brain “and some mistake had been made.” He claimed the box “never should have been given to them.”
Stewart stated that the box holding the brain was returned to Nix & Nix. According to a reporter at the press conference, Nix & Nix stated that an investigation was underway, but Stewart was unaware of one. According to local NBC affiliate WCAU, the state board exonerated Nix & Nix of any misconduct, and the Philadelphia-based funeral home was unaware of what was inside the box.
Stewart added that neither funeral facility has apologized to the Butlers or provided an explanation. Law&Crime contacted Southern Cremations & Funerals and Nix & Nix Funeral Home, but did not receive an instant answer.
The Butlers are suing both funeral houses, alleging negligence and deliberate infliction of mental distress. They demand both punitive and compensatory damages for “willful misconduct, malice, and a complete lack of care, dignity, and respect.”
