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BROCK v. RICHMOND-BEREA CEMETERY DIST.

No. 78,074.

264 Kan. 613 (1998)

957 P.2d 505

DAVID A. BROCK and KERRIE LOU BROCK, individually and as natural guardians and next friend of KAYLA Jo BROCK, Appellants, v. RICHMOND-BEREA CEMETERY DISTRICT and RAYMOND WAGNER, individually, Appellees.

Supreme Court of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

John L. Richeson, of Anderson, Byrd, Richeson & Flaherty, of Ottawa, argued the cause and was on the briefs for appellants.

E. Dudley Smith, of Fisher, Patterson, Sayler & Smith, L.L.P., of Overland Park, argued the cause and was on the brief for appellees.

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 Cemetery 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.

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