Garcia ex rel. Garcia v. Scimemi

PIERCE, Judge.

Plaintiffs, Rodger W. Garcia, by and through his parents, Ignacio and Wanda Garcia, and the parents individually, appeal from a trial court order dismissing plaintiffs’ complaint against defendant Paul A. Scimemi. The dismissal followed the trial court’s order prohibiting Rodger Garcia from presenting testimony and followed the parties’ stipulation that without the testimony of Rodger Garcia, plaintiffs could not survive a motion for directed verdict of liability in defendant’s favor. The defendant then moved for dismissal of the complaint for failure of proof, which was…