Vargas, M.D. v. Gutierrez

Jose Luis Vargas, M.D., and Jose Luis Vargas, M.D., P.A. (collectively, “Dr. Vargas”) appeal.the trial court’s denial of their motion for a directed verdict and, in the alternative, for a new trial. We affirm the denial of Dr. Vargas’s motion for a directed verdict but reverse and remand for a new trial based on the plaintiffs’ violation of the “one expert per specialty” rule and for materially misrepresenting the evidence in closing arguments, both of which unfairly and materially prejudiced Dr. Vargas and denied him his right to a fair trial.

FACTUAL BACKGROUND

Monica Gutierrez (“Monica”) and…