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City of Versailles v. Johnson

court of appeals

Court: Kentucky Supreme Court

Docket: 2020-SC-0431-DG

Opinion Date: December 16, 2021

Judge: Vanmeter

Areas of Law: Personal Injury

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

The Supreme Court reversed the decision of the court of appeals finding that Plaintiff was an invitee when she was injured while visiting the monument marking her son’s grave at a cemetery maintained by the City of Versailles, holding that the cemetery was not obligated to inspect and repair the monument, regardless of Plaintiff’s status.

Plaintiff was injured when the headstone marking the grave of her son dislodged from the base and toppled onto Plaintiff’s foot. Plaintiff brought this suit against the City for negligence in maintaining her son’s monument. The trial court granted summary judgment for the City, finding that Plaintiff had failed to establish that the City owed her a duty to maintain or repair the headstone. The court of appeals reversed, finding that Plaintiff was a business invitee and that the City owed her an affirmative duty to inspect and repair the monument. The Supreme Court reversed, holding that the City did not owe Plaintiff a duty with regard to the monument.

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