Erwin v. Thomas

A truck tbe defendant Thomas was driving struck plaintiff’s car traveling in the opposite direction and caused personal injury to plaintiff. In the ensuing trial the jury returned a verdict for the defendants and plaintiff appeals.

Plaintiff contends the trial court erred in permitting defendants’ counsel, in closing argument, to repudiate an alleged judicial admission made in defendants’ opening statement. In his opening statement defendants’ counsel stated:

“* * * The evidence will be that Mr. Thomas’ car hydroplaned across the center line and ran into the front end of Mr. Erwin’s car.

“Now,…