BAISLEY v. MISSISQUOI CEMETERY ASS'N

No. 96-433.

708 A.2d 924 (1998)

Tammy BAISLEY, et al. v. MISSISQUOI CEMETERY ASSOCIATION & Robert Young, Sr.

Supreme Court of Vermont.

Motion for Reargument Denied March 24, 1998.


Attorney(s) appearing for the Case

Timothy J. Ryan of Brown, Cahill, Gawne & Miller, St. Albans, for plaintiffs-appellants.

Duncan Frey Kilmartin of Rexford & Kilmartin, Newport, for defendants-appellees.

Before AMESTOY, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


DOOLEY, Justice.

This wrongful death action was brought by the family and estate of Craig Baisley, a five-year-old boy who fell from a tree onto a metal spike fence, incurring injuries that resulted in his death. The trial court granted summary judgment in favor of defendants Missisquoi Cemetery Association (MCA) and its president, Robert Young, Sr., concluding that Craig was a trespasser to whom defendants owed no duty of care. On appeal, plaintiffs contend that...

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