Lawsuit Filed By Walker County Against Marsh Family Dismissed

Wednesday, October 10, 2007

A lawsuit filed by Walker County, Ga., against the Marsh family in the Tri-State Crematory case has been dismissed.

Judge William J. Smith, who was handling the case by interchange, ordered the dismissal.

Dismissal of the lawsuit was one of the contingencies required on a recent $18 million Federal Court settlement in behalf of plaintiffs whose loved ones were taken to the crematory at Noble, Ga., near LaFayette.

Attorney Stuart James said Judge Smith "reviewed the record and entered an order dismissing all claims that remained against the Marsh family and the funeral home defendants. This brings to a close another chapter in the Tri-State Crematory litigation.

"We commend Judge Smith on the dismissal of the claim. His ruling reflects the law of the state of Georgia. We hope that with this dismissal that everyone in North Georgia and the surrounding areas can move on to the future."

In the federal settlement, Georgia Farm Bureau agreed to the $18 million payment to settle all claims relating to the discovery of uncremated bodies at the crematory.

Next of kin who had loved ones whose bodies were at the site operated by Brent Marsh will share in about $12 million. Attorneys involved in the case are to receive one-third, or about $6 million.

Georgia Farm Bureau, the insuror at the Marsh property, denied liability, and the settlement was finally reached.

Brent Marsh is serving a 12-year prison sentence in the case. He never offered an explanation why he did not properly dispose of the bodies.

A host of lawsuits were filed after the discovery of 334 uncremated bodies at the crematory in mid-February 2002.


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