Schall

Plaintiff Betty Schall sued her employer, defendant Lockheed Missiles and Space Company, Inc., for sexual harassment. During in limine proceedings, the trial court ruled plaintiff incompetent to testify about the harassment because her only memory of the behavior occurred after she had been hypnotized by her therapist. Plaintiff then conceded that she had no evidence of the harassment other than her testimony. The trial court therefore ordered a nonsuit. Plaintiff appeals, and we affirm the judgment.

Scope of Review

Plaintiff’s briefs betray a fundamental misunderstanding about the procedural posture of this case. Plaintiff points to the nonsuit and argues that we must follow the rule which accepts the evidence most favorable to her and reverse if this evidence would support a jury verdict. She overlooks, however, that she conceded no evidence supported her claim. Thus, under the nonsuit rubric, the judgment logically follows from plaintiff’s concession.

The reason for plaintiff’s concession is what gives this appeal vitality. Plaintiff conceded her case because of the trial court’s evidentiary ruling. It is this evidentiary ruling that plaintiff asks us to review, not…