Willis v. Gordon

Opinion

MANUEL, J.

In this action for wrongful death and personal injuries, plaintiffs Phillip G. Willis and Ramiro Galarza appeal from a judgment of nonsuit entered at the close of their opening statements. Our review of the record convinces us that the trial court erred in granting the motions for nonsuit.

*632Plaintiffs’ opening statements set forth the facts they intended to prove. The accident occurred on November 24, 1971, after defendants had a flat tire and parked on the outside of a curve of Route 133, a well-travelled, 65-mile-per-hour highway. The curve had an angle of 25 degrees and…