Hoefer v. Roche Biomedical Laboratories, Inc.

LOWENSTEIN, Chief Judge.

This is an appeal from the granting of a directed verdict for the defendants at the end of the plaintiffs’ opening statement. This suit brought under the rescue doctrine is for damages suffered when the appellant Forrest Hoefer was helping the driver of the respondent’s vehicle, which had skidded off an icy highway.

Despite a welter of objections and incorrect rulings, counsel for Hoefer managed to bring out the following in opening statement: The defendant Johnson was driving the auto of the defendant Roche south on Highway 13 toward Higginsville, on the first day of…