Tassinari v. Massachusetts Turnpike Authority

This is a petition for assessment of damages under Gr. L. c. 79. The jury viewed the locus. Upon con-*223elusion of the petitioner’s opening statement the court allowed a motion by the respondent for a directed verdict “upon the pleadings and the opening,” to which the petitioner excepted.

When a verdict for the respondent is directed upon the pleadings and the opening statement, the “facts set forth in the opening must be considered as true and in the light most favorable” to the petitioner. Aragona v. Parrella, 325 Mass. 583, 584. Cohen v. Suburban Sidney-Hill, Inc. 343 Mass. 217. In his opening…