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One of the towns funeral practitioners failed to check in at the office of the local municipal cemetery and remained well-past sundown completing some marker
- One of the town’s funeral practitioners failed to check in at the office of the local municipal cemetery and remained well-past sundown completing some marker rubbings. She got locked in and had to spend the night in her car due to trained dogs that are released to guard the premises. Her cell phone battery went dead, and therefore, was trapped without food, water, or lavatory use for 12 hours. The cemetery has experienced a rash of “stone tippings” and even had one of the old family mausoleums broken into, spray painted, and a skull was stolen, so they hired a private firm to lock the gates and provide the security dogs. The funeral director made the “front page” of the local paper. Embarrassed by the event, she has now decided to sue the cemetery for false imprisonment and application of unreasonable rules. The cemetery is countersuing for trespass claiming that the funeral practitioner failed to follow the posted rules and regulations (which are posted at the entrance gate). The rules state that all visitors, not in procession, must check-in at the office, and further, the rules clearly state the hours of seasonal operation, the fact they lock the gates and have guard dogs. Use the IRAC method and decide what the likely outcome of these suits may be.
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