McDaniel v. Mendez

Appellant seeks review of a final order of the trial court, dismissing with prejudice her complaint seeking damages in a tort action.

The deceased daughter of the appellant was playing with the appellee’s daughter on a couch, located on the concrete [or terrazzo] floor of the carport of appellee’s residence. While engaged in such play, the deceased fell from the couch striking her head on the hard surface of the floor. As a result of the injuries, the child died. The appellant brought the instant action seeking damages, alleging negligence on the part of the appellee and/or the creation of an…