Plaintiff-appellant Everett C. Swanson, Jr. (Swanson) appeals from the granting of summary judgment in favor of defendants-appellees John H. and Joan Shroat (Shroats). Swanson filed his complaint in 1970 seeking damages for medical and hospital expenses and for the loss of services of his 10 year old son Phillip, who fell from a tree in the Shroats yard.