Sister Files Lawsuit Against Georgia Funeral Home for Alleged Mishandling of Brother's Remains

ATLANTA - Rezul -- Latoya Banks of Chicago, Illinois has filed a lawsuit in the State Court of Cobb County, Georgia against Hanley-Shelton Funeral Directors, alleging gross negligence, breach of contract, and improper handling of human remains in connection with the care and interstate transport of her deceased brother's body.  The case is Latoya Banks v. Hanley-Shelton funeral directors,  docket number 26-A-4248 in Cobb county state court.

The complaint, filed on July 24, 2026, alleges that the funeral home failed to properly embalm, preserve, and transport the remains of Joseph Banks, III, who was killed in a hit-and-run incident on August 27, 2024 in Georgia. According to the lawsuit, when the body arrived at the receiving funeral home in Chicago on September 20, 2024, staff discovered the remains were dirty and unclean, emitting a strong odor, leaking bodily fluids, exhibiting skin slippage, and improperly embalmed.

Ms. Banks contracted with Hanley-Shelton Funeral Directors on August 31, 2024, to retrieve her brother's body from the Fulton County Morgue, embalm and prepare the remains, and ship them to Chicago for funeral services. She paid for these services on September 18, 2024.

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"The condition in which my brother's remains arrived caused me severe emotional distress, trauma, and humiliation," said Ms. Banks through her attorney. "No family should have to endure what I experienced. This lawsuit seeks to hold the funeral home accountable for its reckless disregard of the dignity owed to the deceased and their loved ones."

The complaint asserts six causes of action: negligence, gross negligence, breach of contract, mishandling of human remains under O.C.G.A. § 31-21-44, punitive damages, and recovery of litigation expenses. The lawsuit alleges that Hanley-Shelton Funeral Directors violated Georgia law, which prohibits the mutilation, improper handling, or negligent treatment of a dead human body, and acted with conscious disregard for industry standards and statutory obligations.

Ms. Banks is seeking compensatory damages for emotional distress and financial losses, punitive damages of $1,000,000, and attorney's fees and costs of litigation.

Legal Representation

Ms. Banks is represented by Jonathan W. Johnson of Jonathan W. Johnson, LLC in Atlanta, Georgia.  www.jonathanjohnsonatlantalawyer.com