Ambrose v. Detroit Edison Co.

The sole question in this appeal is the propriety of granting a defendants’ motion to dismiss at the conclusion of the plaintiff’s opening statement. The decision below rested on the trial court’s finding that the opening statement consisted of conclusions and not facts and failed to state a cause of action. The action of the trial judge in granting dismissal was affirmed by the appellate Court, 5 Mich App 328, and this Court granted leave because the subject of the role of an opening statement is of general interest.

Plaintiff maintains that it is not necessary to state all of the elements of…