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Chapman v. City of Virginia Beach9/13/1996
rwise harmed, Mrs. Chapman screamed and ran out of the building to the boardwalk. The jogger who found Missy testified that only a "couple of minutes" passed between the time she saw Missy and returned to the gate with the hotel clerk.
Mrs. Chapman did not have an absolute duty to stand next to her eight-year-old daughter every moment. Missy was familiar with the area and Mrs. Chapman's supervision of her was reasonable under the circumstances. Accordingly, we find that the evidence does not support a contributory negligence instruction.
For the foregoing reasons, we will reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.
Reversed and remanded.
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