A Pennsylvania couple has filed a lawsuit against two funeral homes after they say they were mistakenly given their deceased son’s brain in a box—a discovery they made only after the container began to emit a foul odor and leak inside their car.
Timothy Garlington, 56, passed away in November 2023 while living in Georgia. The lawsuit, filed July 24 in the Pennsylvania Court of Common Pleas in Philadelphia County, does not detail how the U.S. Marine Corps veteran died. Garlington is now buried at Washington Crossing National Cemetery in Bucks County, Pennsylvania.
Following his death, Garlington’s parents, Abbey and Lawrence Butler, arranged for Southern Cremations & Funerals at Cheatham Hill in Georgia to handle the preparation and transportation of his remains to Nix & Nix Funeral Home in Philadelphia, according to a lawsuit obtained by USA TODAY.
Roughly a week later, the Butlers visited the Philadelphia funeral home to collect their son’s personal effects. Among the items handed to them was a plain white cardboard box containing a smaller red box inside.
A Horrifying Discovery
According to the lawsuit, Abbey Butler attempted to open the red box while still at the funeral home but hesitated after noticing it was sealed and unlabeled. No biohazard warnings were present.
Days later, the couple noticed the box had begun to leak and produce a strong odor while inside their vehicle. Lawrence Butler eventually brought it inside their home and came into direct contact with what they would later learn was brain matter.
The grim contents were confirmed after the Butlers contacted Southern Cremations with concerns. On the advice of their attorney, L. Chris Stewart, they returned the remains to Nix & Nix. Stewart noted it remains unclear whether the brain was ever interred alongside the rest of Garlington’s body.
“How devastating of a mistake that was made by both funeral homes,” Stewart said at a press conference held Thursday, June 24. “Not only making a family suffer once, but suffer twice, unknowingly having their son’s human remains in their car.”
Stewart added that Southern Cremations shipped the biological remains to Philadelphia in a manner not consistent with industry protocol, calling it a clear breach of proper funeral home procedures.
‘I Smelled Death’
“It was—and still is—etched in my heart that I got in my car and smelled death,” Lawrence Butler said at the press conference. He shared that he later got rid of the car, unable to cope with the idea of it being contaminated. “I just couldn’t stand the idea that the remains were in that car,” he said, donning a U.S. Air Force veteran cap.
“It’s difficult to handle,” he added.
The lawsuit accuses both funeral homes of mishandling human remains, inflicting emotional distress, and acting negligently.
“Defendants’ acts and omissions were extreme and outrageous and show willful misconduct, malice and a complete lack of care, dignity and respect for the rights of plaintiffs and their decedent son,” the complaint reads.
Stewart also stated that neither funeral home has issued an apology or provided any explanation to the family.
The suit does not specify a financial amount for damages, instead leaving compensation to be determined by a jury if the case proceeds to trial.
