Gross Ex Rel. Gross v. Bloom

MILLIKEN, Judge.

The appellant, Debbie Lynn Gross, seven years of age, through her next friend, sued appellee Jerome Bloom for injuries suffered when she fell down a clothes chute — an unprotected hole in a closet floor — while playing hide-and-go-seek with the Bloom children in their home to which Debbie and her family had been invited for dinner. At the conclusion of the testimony for Debbie, the trial court directed a verdict for the defendant-host, which resulted in this appeal from the judgment entered on the verdict.

The testimony shows that Debbie and the other children had been playing…