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GARCIA v. SCIMEMI

No. 84CA1040.

712 P.2d 1094 (1985)

Rodger W. GARCIA, By and Through his parents and next friends, Ignacio and Wanda GARCIA, and Wanda Garcia, individually, Plaintiffs-Appellants, v. Paul A. SCIMEMI, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 10, 1985.

Certiorari Denied January 13, 1986.

Attorney(s) appearing for the Case

Stephen J. Sletta, Jeffrey R. Wheeler, P.C., Jeffrey R. Wheeler, Colorado Springs, for plaintiffs-appellants.

Rector, Retherford, Mullen and Johnson, Neil C. Bruce, Robert K. Jones, Colorado Springs, for defendant-appellee.

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...

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