Hurn

In this medical malpractice action, plaintiff appeals from judgment of nonsuit entered after the completion of his opening statement at the jury trial (Code Civ. Proc., § 581c).

The opening statement set forth the following facts which plaintiff intended to prove: On August 31, 1974, defendant, a chiropractor, gave plaintiff manipulative treatment for a problem in the upper back. In the course of the treatment defendant locked into rigid position the table on which plaintiff was lying so that the table had no “give.” Defendant then placed an extraordinary amount of force on plaintiff’s back caus ing plaintiff to cry out in pain and exclaim: “Doc, you like to have killed me then.” When plaintiff went home he was sore and complained of pain. On September 3, 1974, plaintiff telephoned defendant stating that he was in considerable pain and would like to see defendant that day. Defendant said that he was just closing his office and told plaintiff to come the next day. Accordingly, on September 4 plaintiff returned to defendant’s office. On that occasion defendant placed his hand on plaintiff’s chest and on his back and asked him to cough. When plaintiff did so, defendant…