Class Action Filed Over StoneMor’s Allegedly Negligent Treatment of Gravesites in WV Cemetery

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A lawsuit recently removed from state to federal court in West Virginia focuses on StoneMor Partners, L.P.’s allegedly negligent treatment of gravesites in its Highland Memory Gardens cemetery in Peck’s Mill. The plaintiff, whose next of kin is buried at the Highland cemetery, claims the defendant has not been entirely truthful with regard to the “condition of gravesite, availability of grave site [sic], care to be provided to gravesite,” and other supposed misrepresentations.

According to the lawsuit, gravesites at the cemetery have been subjected to sinking headstones, damaged headstones, excavation, theft, and debris caused by mowing, digging, and excavation. The plaintiff argues that StoneMor has neglected its duty to upkeep and provide timely repairs to his relative’s gravesite, even going so far as to sell it to other parties despite representing that the site would be properly cared for.

“Specifically,” the complaint reads, “Plaintiff, and others similarly situated, were promised that Highland would ensure the headstones wouldn’t sink, that excavation wouldn’t cause harm to his next of kin’s gravesite, that gravesites would be cared for and remain free of mud, debris, and earthen material, and that the headstones wouldn’t be damaged.”

The plaintiff says he has complained to Highland regarding these “ongoing problems” but has not seen them corrected.