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Visitor Sues Cemetery Over Negligence Leading to Severe Injury

NORTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Visitor Sues Cemetery Over Negligence Leading to Severe Injury

State Court
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A serious injury at a cemetery has led to a legal battle in Santa Clara. On July 2, 2024, Alpha Anderson filed a complaint in the Superior Court of California, County of Santa Clara, against Alta Mesa Cemetery Association dba Alta Mesa Cemetery and Funeral Home. The lawsuit alleges negligence and premises liability following an incident that left Anderson with severe injuries.

According to the complaint, Alpha Anderson was visiting the premises of Alta Mesa Cemetery on July 3, 2022, when she tripped and fell due to a hole and uneven ground on the property. Anderson claims that the area was poorly lit and lacked any warning signs about the hazardous condition. The plaintiff's attorneys argue that this negligence resulted in Anderson suffering from a fractured right tibia shaft among other injuries. "Defendants knew or should have known of the existence of the aforementioned dangerous, defective and unsafe conditions," states the complaint.

The lawsuit details multiple allegations against Alta Mesa Cemetery Association and unnamed defendants referred to as DOES 1 through 50. These include negligent hiring, supervision, or retention of independent contractors who were responsible for maintaining the cemetery grounds. The complaint asserts that these contractors failed to ensure safe conditions by not addressing the hole and uneven ground or providing adequate lighting and warnings.

Alpha Anderson is seeking various forms of relief from the court. She demands general damages for her physical pain and suffering, as well as compensation for medical expenses incurred due to her injuries. Additionally, she seeks reimbursement for lost earnings and earning capacity resulting from her inability to work during recovery. The plaintiff also requests pre-judgment interest according to California Civil Code Section 3291 and California Code of Civil Procedure Section 998.

Representing Alpha Anderson are attorneys Arthur P. D’Egidio and Irving Pedroza from D’Egidio & Pedroza APC. The case is being overseen by Judge J. Nguyen under Case No. 24CV442364.

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