Family Sues NJ Funeral Home After Ashes Stolen From Unlocked Car
According to a newly filed lawsuit by the deceased’s family, a funeral home in New Jersey is accused of leaving the remains of a deceased man in an unlocked and running car, which was subsequently stolen from outside the premises.
The lawsuit states that following the passing of 62-year-old Walter Garcia on January 27, 2022, his wife and daughter engaged the services of Macagna-Diffily Funeral Home in Cliffside Park. They had arranged for a memorial service and cremation, both of which took place two days later as detailed in the suit obtained by NJ.com.
The family was informed by the funeral home that they could collect the ashes within three days after the cremation. With plans to display the ashes in their home, the family was disappointed when a week passed without any communication from Macagna-Diffily. Consequently, Garcia’s daughter decided to visit the funeral home to inquire about her father’s ashes.To her shock, she discovered that the ashes were missing.
The lawsuit alleges that the funeral home staff informed her that the ashes had been left in an unlocked and running car, which had been stolen. The car had been parked on the funeral home’s property.
The day following this discovery, the funeral home contacted Garcia’s daughter to convey that the car had been retrieved, but they were unaware of the whereabouts of the ashes, according to the lawsuit.
Subsequently, the family learned from the police that although the car had been found, the ashes were not inside. The family’s lawyer, John Nulty, based in Jersey City, commented on the situation, stating that leaving a running and unlocked vehicle was an invitation for such an incident to occur. He added that the family felt as if they had lost their father for a second time.
A video reportedly included in the lawsuit purportedly shows the funeral home vehicle being unlocked at the time it was stolen by teenagers. The family claims to have discovered that the key fob was also left inside the vehicle.In their legal complaint, the Garcia family alleges that Anthony Macagna, the owner of the funeral home, had possession of or was transporting the ashes when the vehicle was stolen.
Consequently, they are suing both Macagna and the funeral home for intentional infliction of emotional distress, breach of contract, and breach of duty due to the failure to return the ashes to the family.
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