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Families settle crematory suit for $80 million
Atlanta Journal-Constitution
August 27, 2004
Operators of the Tri-State Crematory agreed Thursday that $80 million should be paid to families of the hundreds of uncremated bodies found strewn around the facility more than two years ago. Representatives of crematory operator Ray Brent Marsh, his father's estate and about 1,700 plaintiff family members agreed to an out-of-court-settlement in a civil trial over the Walker County facility, where 334 uncremated bodies were found in the winter of 2002.
As part of the settlement, the families agreed not to try to collect directly from Marsh, who is indigent, or his father's estate. Today, lawyers will argue in Superior Court in Walker County that Georgia Farm Bureau, which insured the Marsh property, should pay the settlement.
Lawyers representing the families were confident they could collect from the insurer. "We're going after the insurance to get every penny," said [Lieff Cabraser] lawyer Kathryn Barnett. As part of the settlement, the Marsh family agreed to raze the buildings on theproperty and set aside the 1.2 acres as a memorial. The property was placed in a trust so it could not be used for any other purpose.
Marsh still faces criminal charges. The settlement of the class-action lawsuit was not the first reached in the civil case. More than $36 million was awarded to families in March when 58 funeral homes settled claims against them.