PHILADELPHIA, PA - A couple has filed a lawsuit against two funeral homes, one in Philadelphia and the other in Georgia, for inadvertently sending them their deceased son's brain in a box.
Lawrence and Abbey Butler filed a lawsuit against Nix & Nix Funeral Homes in Pennsylvania as well as Southern Cremations & Funerals in Georgia, according to NBC10. The lawsuit reportedly states that the couple's son, Timothy Garlington, died back on November 15, 2023. He was 56 years old at the time of his death, according to his parents.
The lawsuit claims that Southern Cremations & Funerals in Georgia transported Garlington's body to Nix & Nix Funeral Homes in Philadelphia on November 20, 2023. When the Butlers received their son's personal items, they said they noticed a white, unmarked box.
The couple said they noticed something inside the box began to smell and leak fluid in their car. Upon opening the box, they discovered their son's brain and brain matter, according to the lawsuit.
The Butlers are represented by attorneys L. Chris Steward and Alex Perwich of Stewart Miller Simmons Trial Attorneys in Atlanta, Georgia, as well as Samuel Anyan, Jr. of Wapner Newman in Philadelphia.
"It was and it is still in my heart," Lawrence Butler said while fighting back tears. "That I got in my car and I smelled death. I just, again, as our attorney said, we just pray that this doesn't ever happen to anyone else again. And it's just, I had to get rid of that car," he said. "I just couldn't stand the idea that the remains was in that car."
Stewart said that his clients have not received an apology or an explanation from either funeral home. "To this day they don't know if their son's remains that were in the box were buried with the body." Stewart said. "They have no earthly idea what happened." He also said that the box "never should have been given to them."
The Butlers are suing both funeral homes for negligence and intentional infliction of emotional distress, according to Law & Crime. They are seeking punitive and compensatory damages for "willful misconduct, malice, and a complete lack of care, dignity and respect."
The owner of Nix & Nix Funeral home told NBC10 that his team did not know any brain matter was inside the box. He said his team believed the box held personal effects and they did not open the box to see what was inside. The owner said when another funeral home sends remains to them, everything should be intact.
They said the state board did a thorough investigation and cleared them of wrongdoing, and the Philadelphia-based funeral home was not aware of what was in the box. Stewart said he was not aware of an investigation.
When asked how Garlington's brain became separated from the rest of his body, Steward said 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 in that fashion and shipped in that fashion."
Lawrence and Abbey Butler filed a lawsuit against Nix & Nix Funeral Homes in Pennsylvania as well as Southern Cremations & Funerals in Georgia, according to NBC10. The lawsuit reportedly states that the couple's son, Timothy Garlington, died back on November 15, 2023. He was 56 years old at the time of his death, according to his parents.
The lawsuit claims that Southern Cremations & Funerals in Georgia transported Garlington's body to Nix & Nix Funeral Homes in Philadelphia on November 20, 2023. When the Butlers received their son's personal items, they said they noticed a white, unmarked box.
The couple said they noticed something inside the box began to smell and leak fluid in their car. Upon opening the box, they discovered their son's brain and brain matter, according to the lawsuit.
The Butlers are represented by attorneys L. Chris Steward and Alex Perwich of Stewart Miller Simmons Trial Attorneys in Atlanta, Georgia, as well as Samuel Anyan, Jr. of Wapner Newman in Philadelphia.
"It was and it is still in my heart," Lawrence Butler said while fighting back tears. "That I got in my car and I smelled death. I just, again, as our attorney said, we just pray that this doesn't ever happen to anyone else again. And it's just, I had to get rid of that car," he said. "I just couldn't stand the idea that the remains was in that car."
Stewart said that his clients have not received an apology or an explanation from either funeral home. "To this day they don't know if their son's remains that were in the box were buried with the body." Stewart said. "They have no earthly idea what happened." He also said that the box "never should have been given to them."
The Butlers are suing both funeral homes for negligence and intentional infliction of emotional distress, according to Law & Crime. They are seeking punitive and compensatory damages for "willful misconduct, malice, and a complete lack of care, dignity and respect."
The owner of Nix & Nix Funeral home told NBC10 that his team did not know any brain matter was inside the box. He said his team believed the box held personal effects and they did not open the box to see what was inside. The owner said when another funeral home sends remains to them, everything should be intact.
They said the state board did a thorough investigation and cleared them of wrongdoing, and the Philadelphia-based funeral home was not aware of what was in the box. Stewart said he was not aware of an investigation.
When asked how Garlington's brain became separated from the rest of his body, Steward said 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 in that fashion and shipped in that fashion."
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Comments
2025-07-30T12:36-0400 | Comment by: James
Criminal charges and hefty lawsuit! My God! What kind of people are these?! Maybe they are selling body parts?!!!