City of Versailles v. Johnson
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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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