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Defendant's Attorney: Timothy J. Prentice

Description: Greer, Oklahoma personal injury lawyer represented Plaintiff, who sued Defendant on a governmental tort claim theory claiming damages in excess of $10,000.00.

The mother of a child injured while visiting a cemetery when a headstone fell sued the Town of Granite, the operator of the cemetery, for negligence. The district court granted Town's motion for summary judgment, holding that Town did not owe a duty to the child.

Outcome: The district court granted Town's motion for summary judgment, holding that Town did not owe a duty to the child. The mother appealed. The Oklahoma Court of Civil Appeals reversed the district court's judgment, holding Town owed a duty to the child regarding dangerous defects. This Court granted certiorari. We hold Town did not own or control the headstone and therefore owed no duty to the child regarding the maintenance of the headstone.

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