In this split-decision unpub from 2/1
here, the majority (reversing a nonsuit) says this:
Appellate courts have deemed it especially perilous for a
trial court to grant a nonsuit after opening statement because
this procedural device effectively takes the case away from the
jury before any evidence is received. This case exemplifies the
risk of removing a highly fact-intensive issue from the jury’s
consideration after a plaintiff has merely set forth a general
roadmap of the evidence expected at trial.
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