The Chicago Personal Injury Law Blog

James Arthur Sues Cemetery For Broken Hip After Slip And Fall

In an interesting negligence suit filed against a mausoleum in Skokie, a man claimed he tripped and broke his hip after an employee turned out the lights because he apparently wanted to leave and go home early.

Chicago Breaking News reported James Arthur, who filed the suit in Cook County, was visiting a relative’s burial chamber on April 2009 at the Memorial Park Cemetery when the lights suddenly went out, which caused him to slip and fall. The suit claims one of Arthur’s family members had even told a worker in the area that their visit would be brief before he began closing the mausoleum.

But the Memorial Park employee said the cemetery was scheduled to close in thirty minutes, and added that he "preferred to be commuting to his home by the time the clock struck closing time." Arthur's relative assured that the family would leave before the mausoleum's closing time, but the worker "appeared annoyed" and started shutting down the burial ground anyway.

James Arthur visited his relative's tomb and stopped in another room to look at an urn when the employee shut off the lights "well before" it was time for the cemetery to close. Arthur ended up tripping over a raised platform, falling and breaking his hip. The lawsuit contended that the mausoleum worker was negligent in turning off the lights.

It also claimed that Service Corporation International, the owner of Memorial Park Cemetery, and the mausoleum management were negligent in failing to make the cemetery safe during visiting hours. The suit seeks over $100,000 in monetary damages.

According to Chicago Breaking News, Service Corporation states that it has no knowledge of Arthur's suit and could not comment on the issue.

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