Rubin v. Olympic Resort, Inc.

William R. Brennan, Jr., J.

This negligence case fails on many counts. It is claimed that while Mr. and Mrs. Rubin and their two children were vacationing at defendant’s family resort hotel, the infant plaintiff, then just six years of age, fell out of the top tier of a double-decker bunk bed and sustained personal injuries. The fall allegedly occurred while the infant and her four-year-old brother were alone in the room, and allegedly because there was no guardrail on the bed.

Apparently the theory advanced would make actionable negligence out of the mere supplying of a bunk bed without a…