Brock v. Richmond-Berea Cemetery District

The opinion of the court was delivered by

Davis, J:

Three-year old Kayla Jo Brock was tragically and severely injured while on a trip with her grandmother to the local cemetery when a large monument gravestone fell on top of her. The trial court granted the Richmond-Berea Cemeteiy District (cemetery) and its caretaker Raymond Wagner summary judgment, concluding as a matter of law that neither the cemetery nor its caretaker owed a duty to Kayla Jo.

David and Kerrie Brock, parents of Kayla Jo, appeal, contending that the trial court erred in awarding summary judgment on the basis that: the…