The complaint was dismissed by the trial court based upon plaintiff's "offer of proof" requested by the Trial Judge during the selection of the jury. If we analogize the court mandated offer of proof made by plaintiff's counsel with an opening statement, the complaint may be dismissed only where it clearly appears either that (1) the complaint does not state a cause of action, (2) a cause of action is conclusively defeated by an admitted defense or (3) counsel by his admission...
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