Cynthia Y. Long v. City of Maryville - Dissenting

I dissent because I do not find that the evidence preponderates against the trial court’s judgment dismissing the plaintiff’s complaint. In fact, there is precious little evidence in the record bearing on the culpability of the City of Maryville (“the City”). In my judgment, the proof shows little more than that the plaintiff slipped and fell on icy pavement in a city park at a place near a functioning water fountain on a day when the temperature was at or below freezing. What the evidence does not show is negligence of an employee of the City; notice to the City of a condition of the type described in T.C.A. § 29-20- 203(a); or the necessary causal connection between actionable conduct on the part of the City and the plaintiff’s fall.