Settlement Reached in Tri-State Crematory Case
Class-Action Lawsuit Covers 252 Plaintiffs
Posted: 6:05 a.m. EST December 5, 2003
ROME -- An $8.7 million settlement was approved
Thursday in a federal lawsuit against a Tennessee funeral home over
uncremated bodies at the Tri-State Crematory in northwest Georgia.
The suit involving 252 plaintiffs and Buckner-Rush Funeral Home
of Cleveland, Tenn., was part of the class-action lawsuit against
Tri-State Crematory and funeral homes that did business with it.
Elizabeth Cabraser, an attorney for the plaintiffs, said some of
her clients could receive payments before the end of the year.
Defense lawyer Lisa Higgins said that while Buckner-Rush and its
corporate parent, Prime Succession Inc., settled the case, they
denied any liability for acts committed by Tri-State Crematory.
Investigators discovered 334 uncremated bodies at the Noble,
Ga., crematory in February 2002. Crematory operator Brent Marsh
faces 787 felony criminal charges related to the discarding of
bodies.
The class-action lawsuit was filed last year against Tri-State
Crematory and 46 funeral homes that did business with it. A trial
is scheduled for March 1.
Cabraser told Judge Harold L. Murphy that settlement
negotiations are under way with several other funeral homes.
A $300,000 preliminary settlement with 67 plaintiffs was
approved by Murphy with Love Funeral Home in Dalton, Ga. A final
settlement with Putnam Reed Funeral Home of Pikeville, Tenn., also
was approved. The settlement must first be approved by a bankruptcy
court in Florida, where Prime Succession Inc. and its subsidiaries
have filed Chapter 11 bankruptcy.
Both Higgins and Cabraser said they expect the bankruptcy judge
to approve the settlement.
Copyright 2003 by WSBTV.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.










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