DeAmiches v. Popczun

The ultimate question for resolution in this case is whether the trial court acted properly in granting defendant’s motion for judgment at the close of the plaintiffs’ opening statement.

Both the pleadings and the opening statement disclose the condition of the driveway, at the time in question, as being icy and covered with snow. They also carefully set forth the proposition that the cause of the injuries sustained by the plaintiff was the attempt on her part to go around a hole in the concrete driveway.

The remarks of plaintiffs ’ counsel in his opening statement are as follows:

“* * * ghe…