Mast

This appeal arises from a personal injury action in which a judgment of nonsuit was entered against plaintiff. We reverse.

Plaintiff, by and through her guardian ad litem, filed an action seeking damages for injuries, which resulted from a fall caused by a fellow resident of the Cedar Glen Guest Home, which action was attributable to defendant owners’ negligence in the care and supervision of the home’s residents. At the close of plaintiff’s case, the trial court granted defendants’ motion for nonsuit and entered judgment in their favor. The court taxed costs and ordered plaintiff to pay defendants’ expert witness fees in the amount of $1,300. (Code Civ. Proc., § 998.) On appeal, plaintiff challenges the propriety of the grant of nonsuit and the award of expert witness fees.

“A judgment of nonsuit removes the case from the trier of fact. For this reason, courts have traditionally taken a very restrictive view of the circumstances under which such a judgment is proper. Thus, it is established that a trial court may not grant a defendant’s motion for nonsuit if the plaintiff’s evidence would support a jury verdict in the plaintiff’s favor. [Citations.] [k] ‘In determining…