Wright v. Arcade School District

Plaintiff, then a 5-year-old boy, was struck by an automobile while crossing a public street on his way to school. Through his guardian ad litem, he brought this negligence action against the automobile driver and the school district. At the completion of his trial counsel’s opening statement, the court granted the school district’s motion for nonsuit and plaintiff appeals.

A nonsuit following the plaintiff’s opening statement should be granted “ “only where it is clear that counsel has undertaken to state all of the facts which he expects to prove, and it is plainly evident that the facts…