I know it's a pain in the butt to have to sit through a trial and listen to the evidence when you strongly think that one side deserves to prevail. But it generally seems a mistake to me -- doctrinally, we call the move "disfavored" -- to grant a nonsuit after the plaintiff's opening statement on the grounds that the evidence she's described therein is insufficient to support a judgment in her favor. As a general rule, why not actually listen to the evidence instead and then decide whether or not to grant a nonsuit then?
Otherwise, you risk substantial wasted time and effort when the Court of Appeal reverses the dismissal and finds the opening statement sufficient (assuming, of course, that the actual evidence ultimately shown at trial accurately corresponds to counsel's description during her opening argument).
Like, for example, the reversal here.
