Dad’s ashes lost after funeral director’s car was left running — and stolen, suit says
A family was supposed to pick up their loved one’s ashes from a New Jersey funeral home within a few days after his service and planned to keep them inside their house — as he had wished, according to a new lawsuit.
Katherine Garcia, the daughter of Walter Garcia, who died Jan. 27, 2022, and Consuelo Alzate Garcia, Walter Garcia’s widow, never heard from A.K. Macagna Funeral Home in Cliffside Park after his service was held there on Jan. 29, 2022, a complaint filed Aug. 25 in Bergen County Superior Court says.
When Katherine Garcia went to the funeral home on Feb. 7, 2022, she learned the home lost her father’s ashes, according to the complaint.
She was told his ashes were left inside the funeral director’s running car, which was stolen from the funeral home’s driveway while the vehicle was unlocked with the keys inside, the complaint says.
Authorities told Katherine and Consuelo Garcia that the car was ultimately located, but Walter Garcia’s ashes were nowhere to be found, according to the complaint.
Now, they “feel as if they lost him twice,” John Nulty, their attorney of Cammarata, Nulty & Garrigan law firm, told McClatchy News in emailed statements on Aug. 30.
“Mr Garcia’s death was unexpected,” Nulty said. “He was hospitalized for an extended period during COVID-19 which limited their ability to see and comfort him during his final days.”
Katherine and Consuelo Garcia are suing Macagna-Diffily Funeral Home, Inc., which does business as A.K. Macagna Funeral Home, and its director Anthony Macagna Jr. on several causes of action, including breach of duty and intentional infliction of emotional distress.
McClatchy News contacted the funeral home for comment on Aug. 30 and didn’t receive an immediate response. The lawsuit was first reported by North Jersey Media Group.
“The loss of (Walter Garcia’s) ashes has greatly exacerbated the emotional pain and suffering caused to and felt by (Katherine and Consuelo Garcia) as a result of (his passing),” the complaint says.
The funeral home and Macagna Jr. are accused of failing to properly protect, store, transport and deliver Walter Garcia’s ashes as they were obligated to.
The lawsuit demands a trial by jury and seeks to recover unspecified damages for Katherine and Consuelo Garcia.
“It is difficult for them to think of his remains being tossed away in some unknown location rather than being brought home as was his wish,” Nulty said.
Cliffside Park is about 10 miles west of Manhattan, New York.
This story was originally published August 30, 2023 at 9:38 AM with the headline "Dad’s ashes lost after funeral director’s car was left running — and stolen, suit says."
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