PER CURIAM.
The plaintiffs, Connie Chen and Ping Chen, appeal from the judgment of the trial court in favor of the defendant Hopkins School, Inc.
The record reveals the following relevant facts and procedural history. The plaintiffs brought a two count complaint on November 9, 2010, against the defendant for injuries alleged to have occurred due to a single car accident.
On July 17, 2012, the plaintiffs disclosed Boardsen as a security expert. The defendant deposed Boardsen on August 17, 2012. Thereafter, on October 10, 2012, the defendant filed a motion to preclude Boardsen from testifying as an expert. On October 17, 2012, the bench trial began, and the court preliminarily addressed the defendant's pending motion to preclude Boardsen's testimony. Boardsen was not present during the trial.
On appeal, the plaintiffs claim that the court improperly dismissed their action for failure to make out a prima facie case because the court used an incorrect standard to evaluate Boardsen's testimony, which resulted in the court improperly concluding that his testimony failed to present sufficient evidence of liability to establish a prima facie claim of negligence. The plaintiffs assert that the trial court impermissibly made findings as to disputed facts, weighed the credibility of Boardsen, and drew inferences against the plaintiffs when evaluating Boardsen's testimony for purposes of "what in effect was a motion for a judgment of dismissal for failure to make out a prima facie case." The plaintiffs argue that "a finder of fact [reasonably] could ... have inferred liability" from Boardsen's testimony. We are not persuaded.
We begin with the law on judgments of dismissal and the standard of review. "If, on the trial of any issue of fact in a civil action tried to the court, the plaintiff has produced evidence and rested his or her cause, the defendant may move for judgment of dismissal, and the judicial authority may grant such motion, if in its opinion the plaintiff has failed to make out a prima facie case.... A prima facie case... is one sufficient to raise an issue to go to the trier of fact.... In order to establish a prima facie case, the proponent must submit evidence which, if credited, is sufficient to establish the fact or facts which it is adduced to prove.... In evaluating [the trial court's decision on] a motion to dismiss, [t]he evidence offered by the plaintiff is to be taken as true and interpreted in the light most favorable to [the plaintiff], and every reasonable inference is to be drawn in [the plaintiff's] favor.... Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary." (Internal quotation marks omitted.) Padawer v. Yur, 142 Conn.App. 812, 816, 66 A.3d 931, cert. denied, 310 Conn. 927, 78 A.3d 145 (2013); see also Practice Book § 15-8.
A careful review of the record reveals that the trial court did not impermissibly make findings as to disputed facts, weigh the credibility of Boardsen's testimony, or draw inferences against the plaintiffs. Instead, the court determined that even if Boardsen's testimony was credited, it was insufficient to establish the facts which it was adduced to prove, namely, that the presence of security cameras
The judgment is affirmed.
"[The Plaintiffs' Counsel]: Well, yes. If we had put the evidence on, we would have rested based on the testimony and the theory that we had with respect to the cameras.
"The Court: Okay. But again — because we seem to be at an impasse here, you — you do not wish to present any further testimony or evidence as to liability?
"[The Plaintiffs' Counsel]: No, I don't see any point to it."
"[The Plaintiffs' Counsel]: Well, the problem [is].... I have no tie-in on causation.... I understand ... what the requirements are for proof here. And the only thing that I had of the five [alleged negligent acts] was the fifth one and — and that's now out of the case. And I don't see how I can tie [the defendant] to any of these other claims in the absence of some expert testimony and there isn't any.
"The Court: All right. If — if that's your position, then I'm not sure how we can go forward.
"[The Plaintiffs' Counsel]: Yeah, I — I understand that, and I agree."