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103-year-old tombstone falls on Paso Robles girl

October 31, 2011

By KAREN VELIE

Attorneys for the Paso Robles Cemetery District are battling over who is responsible for maintaining tombstones after an aged-grave marker fell on a four-year-old Paso Robles girl breaking her ankle.

Last year, Heather Wolcott was visiting the Paso Robles Cemetery with her daughter Lauren when the more than 100-year-old tombstone of Richard Wear fell off of its base onto Laurens ankle. Wear was born in 1847 and died in 1907.

Nevertheless, graveyard district officials said in court filings that they do not own the tombstone and are not responsible for injuries caused by the dangerous conditions of their graveyard’s markers.

Wolcott’s attorney James McKiernan said that from a layman’s perspective it is ridiculous to expect relatives of the deceased to maintain a grave marker and from a law perspective the district is required to protect public safety and maintain its cemeteries.

“In my entire lifetime, I’ve never heard of anyone getting a notice to come on down and spruce up your great grandfather’s grave,” McKiernan said.

On July 28, McKiernan filed a lawsuit claiming negligence, willful failure to warn, and dangerous condition of a public property.

In the lawsuit, McKiernan argues that Health and Safety Code 9004 mandates that “the district that owns a cemetery shall have exclusive jurisdiction and control over its maintenance and management.”

The attorney firm for the district, Roseville based Hunt and Jeppson LLP, fired back by filing a demurrer which challenged the legal sufficiency of the lawsuit saying it was “skeletal” at best.

San Luis Obispo County Superior Court Judge Jac Crawford ruled the cemetery attorney’s demurrer was gravely wrong and is permitting the lawsuit to proceed.

With the cemetery district objection now buried, McKiernan said he anticipates a resolution sometime in the near future.

Lauren Wolcott


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G…g…g..g…GHOSTS!


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When I first saw the headline, I thought this was going to be a HALLOWEEN JOKE. Gotta say, Karen timed it perfectly.


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Now. Now.


There’s a little stumbling block for all of us to consider, called the “law,” that I saw in the article.


Let’s slow down the analysis a bit … instead of “rushing to judgment” against the kid and her family.


What about a consideration of the quoted law … requiring the cemetery to maintain its premises for the protection of the public?


Wouldn’t that include checking the premises for problems that could occur to the 100 year old markers due to the elements or when somebody touched a tombstone to read it or when a kid was leaning on it ?


Isn’t that what the cemetery workers are paid to do during the day or are they “in repose” during their shift on our tax dollars as well – like so many other public workers?


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I seriously doubt that it’s in the cemetery workers’ job description to go push on the tops of the 100+ year old grave markers and see if they’re going to fall over. A four year old girl playing on the markers is something planned on but should be foreseen. I know that when I was a kid I loved going with my grandfather and grand uncle to visit the cemetery. There were some GREAT statues to play on. As I recall, I took a not very serious fall when I was 4 or 5. I think that ended my climbing career. My family didn’t look to sue, although I wasn’t very seriously hurt. Still, this was 50+ years ago…how times have changed! The folks never let my younger brother run around and play like I did.


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skeletal, gravely, buried… I almost died laughing!


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Mr. Wear has spoken to the Wolcotts from the grave; “stop reproducing or next time it’s for keeps”.


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I consider this an act of God. I also would like to know why this child was allowed to play or climb on and around an old precarious standing tomb stone? Shame on this mother, suck it up and take some responsibility. This is YOU’RE FAULT, in my opinion.


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Why is this not an “act of God”?


Shame on the Wolcott’s for filing a lawsuit. What have they taught their child in this case?


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Maybe the heirs of Richard Wear should counter sue the Wolcotts for damage to the tombstone. Obviously it didn’t just fall over out of spite.


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Yes, Good Idea.


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Its hard to beleive that the tombstone just so happened to fall on her ankle mistakenly. I think theres a huge possibility that this little girl was playing on the tombstone when it fell. I dont care if there was no sign. As a parent, I wouldnt let my child climb all over someone tombstone that obviously looks very old and worn and has potential for disaster. Of course, lets find something to sue over. How freakin rediculous. Now we will have to sign waivers to go see our deceased relatives because of people like this.


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Yup.


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