Rosalind Pruitt, Individually and as Mother and Next of Kin of Domonique Pruitt, a Minor v. City of Memphis

This is a negligence case brought under the Tennessee Governmental Tort Liability Act.  The plaintiff’s minor daughter slipped and fell at a public swimming facility and broke her arm.  The plaintiff filed suit against the defendant swimming facility, alleging that her minor daughter slipped
on a wet concrete floor in the dressing room area and that the swimming facility created and maintained a dangerous and defective condition that caused her daughter’s injury.  At trial, the defendant swimming facility moved for an involuntary dismissal at the close of the plaintiff’s proof.
The trial court granted the motion and dismissed the case. The plaintiff now appeals, arguing that the trial court applied an adult standard of care to her minor daughter, and that she established a prima facie case of negligence against the defendant.  We affirm, finding that the plaintiff failed to make out a prima facie case of negligence.