Metropolitan Government of Nashville v. Counts

OPINION

COOPER, Chief Justice.

Cleophius and Mary Alice Counts (hereinafter referred to as plaintiffs) filed an action against the Metropolitan Government of Nashville and Davidson County (herein after referred to as defendant), seeking to recover damages for the death of their son, Michael, by drowning in a pond located on the premises of the Bordeaux County Hospital. The hospital is owned and maintained by defendant. At the close of plaintiffs’ proof, the trial court directed a verdict for defendant on the ground of governmental immunity, plaintiffs’ proof not having shown any affirmative act…