When Dorothy VerValen stepped on her grandfather's grave at the Sultan Cemetery to scrape moss from the headstone, she sank. Her right foot crashed down into what was left of Harry Smith's 53-year-old coffin. Her left ankle, which stayed above ground, was fractured. "I thought I was in a Stephen King movie," VerValen, who lives in Kalispell, Mont., said, recalling that day in March 2000. "I literally had one foot in the grave."

VerValen's daughter helped drag her mother, who weighed 375 pounds at the time, out of the sinkhole and she limped back to her car.

Now, VerValen, 51, is suing the city of Sultan, alleging negligence and seeking unspecified damages for injuries, legal costs and emotional distress.

"They know sinkholes happen, especially in pre-1960s graves," said Robert Butler, a Bellingham lawyer representing VerValen. "They're not doing anything to prevent it from happening."

Diana Blakney, a Mercer Island lawyer representing the city of Sultan, said it is not the city's duty to inspect every square inch of the cemetery to make sure it is safe.

"The city of Sultan wants people to walk around, but they don't need to be out there every minute making it safe," she said.

Blakney cited the state Recreational Use Act as a reason why VerValen's lawsuit should be dismissed. Like many parks, the cemetery is open 24 hours a day, does not charge visitors a fee and visitors are generally responsible for their own safety.

Sinkholes that have appeared in the past have all been the result of heavy equipment breaking through the turf, Blakney said.

Graves filled prior to 1958 can be problems because wooden coffins were not sealed in concrete liners, and they rot after years in moist soil. Some graves at the Sultan Cemetery date to the 1890s.

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