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A Marietta funeral home is being sued and accused of mishandling remains after a couple said their dead sonÐÔÊӽ紫ý brain was given to them.

Southern Cremations and Funerals at Cheatham Hill, 1861 Dallas Highway, was named in the lawsuit filed in Philadelphia County, Pennsylvania, along with another funeral home, Nix and Nix Funeral ÐÔÊӽ紫ý, located in Philadelphia.

Both funeral homes are accused of causing “severe emotional distress,� the suit reads, after Pennsylvania residents Lawrence and Abbey Butler were given the brain and brain matter of their son Timothy Garlington, a Georgia resident who died on Nov. 15, 2023.

According to Ryan Julison, a spokesperson for Stewart Miller Simmons Trial Attorneys, the law firm representing the Butlers, GarlingtonÐÔÊӽ紫ý brain and brain matter were “inadvertentlyâ€� returned to his parents along with his other personal items by the funeral homes handling his remains.

With “decades of experience� in the funeral industry, Southern Cremations and Funerals at Cheatham Hill operates out of three locations, Marietta, Fairburn and McDonough, according to their website.

Suit details

According to the lawsuit, the Butlers hired Southern Cremations to handle their sonÐÔÊӽ紫ý body and remains and transport them to Nix and Nix Funeral ÐÔÊӽ紫ý on Nov. 20, 2023, five days after GarlingtonÐÔÊӽ紫ý death.

Approximately one week later, the Butlers went to Nix and Nix to obtain their sonÐÔÊӽ紫ý belongings and personal effects. Per the suit, Nix and Nix staff laid out GarlingtonÐÔÊӽ紫ý items for his parents, which included a white, unmarked cardboard box with a smaller red box inside.

The Butlers attempted to open the interior red box to figure out what was inside, but were unable to get it open. Unbeknownst to the Butlers, the box contained their sonÐÔÊӽ紫ý brain, according to the complaint.

Soon after, the box began to smell and leak fluids into Lawrence ButlerÐÔÊӽ紫ý car, the suit reads, and after removing the box from the car, “biohazardous liquidâ€� from GarlingtonÐÔÊӽ紫ý brain was spilled onto the couple.

In their suit, the Butlers claim that the box did not have any markings or labels to indicate it contained biohazardous material.

The Butlers are seeking both compensatory and punitive damages in excess of Philadelphia CountyÐÔÊӽ紫ý arbitration limits, though no specific dollar amount was listed.

Along with the Marietta and Philadelphia funeral homes, an additional five “John Doe Defendants� were named as defendants in the case. According to the suit, these unidentified defendants are the “Funeral Director(s), Funeral Supervisor(s), and/or additional owners, managers, employees or agents … who are responsible in whole or in part for the injuries sustained by Plaintiffs.� These defendants will be summoned once their identities are known, the complaint reads.

Among the claims directed at both funeral homes are negligent mishandling of human remains, intentional infliction of emotional distress, negligence and vicarious liability.

“(The) 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 (the) Plaintiffs and their decedent son,� the complaint reads.

Representatives from ASV Partners, owners of Southern Cremations, declined to comment on the lawsuit.