Addison

Plaintiffs, the heirs of Michael Eugene Addison (“Addison”), appeal from a judgment of nonsuit entered on the motion of defendant, Susanville Lumber, Inc. (“Susanville”) after plaintiffs had completed their opening statement to the jury in an action for wrongful death.

Opening Statement

In relevant part, plaintiffs asserted in their opening statement that the evidence would show:

Susanville entered into a timber sale contract with the United States Forest Service wherein Susanville agreed to log 1,500 acres of government property in Lassen County. The written contract required Susan-ville to construct a logging road on the federal land. Susanville subcontracted the entire job of road construction to Bee & Bee Logging, Inc. (“Bee & Bee”). The written subcontract provided, in part, that the felling of trees on the right-of-way would be performed by Bee & Bee “or by someone with whom it subcontracted.” Bee & Bee’s employees did not include any tree fallers. Accordingly, the felling of trees on the right-of-way was subcontracted orally by Bee & Bee to Leo Fain, a professional tree fallen

Fain’s men commenced work early in October 1968. Their task was to clear the…