They went to visit a Merced County grave. Now they're suing over what happened there.
An elderly Winton couple is suing the cemetery district there because a headstone fell and crushed the leg of the 75-year-old woman, according to a complaint filed in Merced County Superior Court.
Nancy Cartia was visiting the cemetery on Almond Avenue on Aug. 31, 2015, with her husband, John, whose first wife and daughter are buried together, according to the complaint.
The husband went to their car to get a broom to brush debris from the grave, the complaint says. On his way back, John Cartia, who is now 86, stumbled and placed his hand on top of the roughly 2-foot-tall headstone.
The upright headstone, which weighed about 500 pounds, gave way and came crashing down on the right leg of Nancy Cartia, according to the complaint. Both her tibia and fibula were crushed, according to the complaint, causing her to have multiple surgeries.
Additionally, the district knew or, with the implementation of a reasonable inspection system, should have and would have known that the headstone was loose, unsecured and posed a hazardous condition.
A complaint from the Cartias’ attorney
Neither the attorney for the Cartias nor for the Winton Cemetery District returned requests for comment.
The headstone went up after John Cartia’s first wife, Gisela, died in September 1990, according to the complaint. Then, the headstone was altered in October 2010 after his daughter, Virginia Donnelly, died.
After the stone toppled, it became clear that it was not reinforced with dowels, the complaint says. The glue used 25 years earlier had also lost all of its adhesion.
After the Cartia headstone fell, the cemetery district implemented new rules that require dowels and glue, according to the complaint. “Additionally, the district knew or, with the implementation of a reasonable inspection system, should have and would have known that the headstone was loose, unsecured and posed a hazardous condition,” the complaint argues.
While trying to lift the stone off of his 75-year-old wife, John Cartia failed and dropped it at least twice back onto her leg, according to a filing from the attorney representing the cemetery district. The woman began screaming and others came to help remove the stone.
The cemetery allows approved headstones, but requires the owner of the burial plot to maintain the headstone, according to the cemetery’s bylaws.
The couple is suing for pain and suffering, medical expenses and future medical expenses. The lawsuit is scheduled a jury trial on Tuesday, according to court records.
Thaddeus Miller: 209-385-2453, @thaddeusmiller
This story was originally published August 14, 2017 at 4:38 PM with the headline "They went to visit a Merced County grave. Now they're suing over what happened there.."