Veteran's brain returned to family in cardboard box, lawsuit claims

Suit claims brain of fallen veteran placed in box

A Georgia-based funeral home is now involved in a lawsuit following a horrifying discovery by a Philadelphia family. The parents of 56-year-old Timothy Garlington are suing "Southern Cremations and Funerals" in Georgia and "Nix and Nix Funeral Homes" in Philadelphia

PHILADELPHIA - A Philadelphia family is suing two funeral homes after discovering their deceased son’s brain sealed in a cardboard box among his personal belongings.

What we know:

Lawrence and Abbey Butler filed the lawsuit after the remains of their son, Timothy Garlington, were mishandled following his death in November 2023.

The Butlers had hired Southern Cremations and Funerals at Cheatham Hill in Mariett to prepare Garlington’s body and transport it to Nix and Nix Funeral Home in Philadelphia. Days later, the couple visited the Philadelphia funeral home to retrieve their son’s belongings. Among them was a sealed red cardboard box.

 Southern Cremations and Funerals at Cheatham Hill in Marietta and Nix and Nix Funeral Home in Philadelphia are being sued by the Butler family over the handling of the remains of their son, Timothy Garlington.

The lawsuit states the Butlers transported the box in their car for days before noticing the odor and leaking fluid. It was only after contacting the Georgia funeral home that they learned it contained their son’s brain.

What they're saying:

Attorney L. Chris Stewart, who represents the family, said the Butlers had no idea what was inside.

"After a few days the box started smelling like what they said death, and when they grabbed the box it was covered in a fluid that got all over them and they took it in the home and put it on the back porch," Stewart said. "Not knowing what it was they inquired with Southern Cremations in Georgia and they were informed that it was their son's brain."

Timothy Garlington (FOX 5 Atlanta obtained permission from the rights holder)

Stewart said the ordeal has left the family devastated.

"The family has been destroyed twice," he said.

The Butlers’ lawsuit accuses both funeral homes of gross misconduct and emotional distress.

The other side:

Staff at Southern Cremations referred FOX 5 to their corporate office, where a spokesperson declined to comment.

Julian Nix, owner of Nix and Nix Funeral Home, said by phone Friday that his business was not responsible for the incident.

Lawrence and Abbey Butler say the remains of their son, 56-year-old Timothy Garlington, was mishandled with his brain being placed in a cardboard box. (FOX 5 Atlanta obtained permission from the rights holder)

"Any body parts should be in the body. I don't understand why they would send his brains in a box, a regular box," Nix said.

He added that his funeral home immediately alerted state officials after making the discovery and was cleared of any wrongdoing.

"We immediately reported it to the state board and the medical examiner for inspection," Nix said. "When the state board investigated, they said that we did everything correct."