The civil trial of the Tri-State Crematory case came to a halt Thursday with the announcement of an $80 million settlement for families of those whose bodies were found uncremated at the Noble, Ga., facility. But family members of those sent to the crematory may not be able to collect.
A judge in a case in Walker County has already ruled that the insurance policy the crematory operators had with Georgia Farm Bureau did not cover what happened with the bodies.
A hearing is set before the judge in LaFayette on Friday at 9 a.m. in which the plaintiff attorneys are expected to try to get the judge to change his mind.
Plaintiff attorney Kathryn Barnett of Nashville said the families "intend to collect every penny of it" from the insurance company.
Attorney Stuart James of Chattanooga and attorney Frank Jenkins of Cartersville represent the Marshes. Georgia Farm Bureau did agree to pay their legal costs.
The class action lawsuit had started in front of Federal Judge Harold Murphy at Rome, Ga., but he recessed it early on Wednesday to allow attorneys to hold talks.
Georgia Farm Bureau, which had provided coverage for the Marsh family that operated the crematory, earlier agreed to pay $3.5 million, but that deal fell through when attorneys said that was not going to stop all of the claims.
It was agreed at Rome on Thursday that litigation would end against the Marshes and attorneys would not come after their personal assets.
The crematory building and outbuildings are to be torn down when the trial of crematory operator Brent Marsh is over. He still faces a criminal trial on 787 felony counts.
Earlier this year a $36 million settlement was announced against funeral homes that sent bodies to the crematory.