McCurry v. Keith

Connor, Judge:

Jane Davenport McCurry sued the Keiths to recover over $8,000 she lost playing video poker machines at their business. She alleged fifteen separate incidents. The trial judge granted the Keiths’ motion for judgment on the pleadings and McCurry appeals. We reverse and remand.

The court held the facts McCurry alleged showed: (1) the money she lost was for the use of the machine; (2) the poker machines were not illegal and, therefore, not in violation of the statute; and (3) the Keiths were not “so playing” the game under the statute.

According to the complaint, the Keiths operate…