Legal Opinion

Jay Bernasconi v. City of Barre: Hope Cemetery

Supreme Court of Vermont

Decided January 25, 2019No. 2017-444PublishedCited by 15 opinions

1Opinion of the CourtRobinson, J.

¶ 1. Plaintiff Jay Bernasconi appeals from the Superior Court's grant of summary judgment to defendant City of Barre. Plaintiff fell into a hole and injured his knee while visiting family graves at Hope Cemetery, which the City owns. He contends that the City's negligent maintenance of the Cemetery caused his injury. We conclude that even if the City was negligent in its inspection and maintenance practices, because plaintiff produced no evidence from which it is possible to determine how long the hole existed, he cannot show that the City would have found the hole if it followed different…

2Cases cited6 opinions

  1. Demag v. Better Power Equipment, Inc.Supreme Court of Vermont · 2014
  2. Collins v. ThomasSupreme Court of Vermont · 2007
  3. Fuller v. City of RutlandSupreme Court of Vermont · 1961
  4. MacIejko v. Lunenburg Fire District No. 2Supreme Court of Vermont · 2000
  5. Provost v. Fletcher Allen Health Care, Inc.Supreme Court of Vermont · 2005

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3Cited by15 opinions

  1. Sadie Boyd, Madeline Klein & Town of Whitingham v. StateSupreme Court of Vermont · 2022
  2. Frank Driscoll v. Wright Cut and Clean, LLC & Benjamin C. WrightSupreme Court of Vermont · 2024
  3. Catherine Metcalfe v. Champlain Valley Exposition, Inc.Supreme Court of Vermont · 2024
  4. Charlotte Barton v. Wharf Lane Housing LP & Burlington Housing AuthoritySupreme Court of Vermont · 2023
  5. Cheyeann Crossman v. Denecker Chevrolet, Inc.Supreme Court of Vermont · 2023

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