posted January 6, 2003
) Photo by John Wilson Ken Poston looks on as Stuart James talks with reporters during a break in the Tri-State Crematory hearing. Both attorneys represent the Marsh family in the litigation. Click to enlarge. |
Attorney David Randolph Smith of Nashville said in some cases funeral home officials were directly involved in turning over bodies to the crematory at Noble, Ga., where 339 uncremated bodies were found last February.
Among those sought to be held liable are present City Council members John Taylor and John "Duke" Franklin and former City Councilman John P. Franklin Sr.
Defense attorneys resisted the request, saying it would complicate the matter in which a class action is being sought.
Plaintiff attorneys said it is similar to doctors being personally liable for malpractice.
Circuit Court Judge Neil Thomas took that and other motions under advisement after several hours of argument Monday afternoon.
He said he likely will delay ruling until after Federal Judge Harold Murphy of Rome, Ga., decides on a class action request there.
Another motion before Judge Thomas is whether to grant an interlocutary appeal of his earlier order setting up class action. He combined cases against five funeral homes - Buckner Rush of Cleveland and Taylor, Franklin-Strickland, Wann and Turner of Chattanooga.
Plaintiffs are now seeking to add J. Avery Bryan Funeral Home to the group, saying it actually sent more bodies than Taylor to the crematory.
Defense attorneys said taking the matter to an appeals court could get a number of questions answered upfront in the complex litigation.
Attorney Smith said there are no unsolved overriding legal issues. He said the appeal would delay the case for over a year.
Attorney Al Henry said there were a number of dissimilarities in the various lawsuits. For example, he noted in one case that Anita Taylor, wife of Councilman John Taylor, had gone to the crematory and stayed until the retort was turned on. He said John Taylor went the next morning to pick up the cremains. "There's nothing more that could have been done," he said.
He said in another case that Viston Taylor had been acquainted with the Marshes and asked for their services when his stepson died in an accident. He said Rogers Funeral Home had not used Tri-State since 1988, but agreed to do so at the request of Mr. Taylor.
In another development in the case, Judge James Bodiford of Cobb County, Ga., will no longer be hearing the civil cases in Georgia.
He will continue to oversee the criminal matters involving crematory operator Brent Marsh.
A judge on senior status has been named to take over the civil cases.
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