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Quintero v. McDonald12/19/2000
at although there was liability, there were no damages."
Quintero contends that the district court erred by refusing to grant judgment notwithstanding the verdict or a new trial in light of the failure by the jury to award damages. In this connection, Quintero relies on a stipulation to the admission into evidence of her medical bills, that McDonald failed to procure the testimony of an expert, and that her evidence of damages was uncontroverted. We disagree and conclude that the jury's verdict is supported by substantial evidence.
As noted, Quintero presented evidence that she incurred $1,885.00 in medical expenses. However, she offered no conclusive evidence of the reasonableness of the expenses or the necessity of the treatment. Although McDonald did not present expert testimony challenging causation, testimony elicited from Quintero's witnesses on cross-examination controverted Quintero's claim as to the extent of her injuries. Further, cross-examination of Quintero's evidence revealed that Quintero suffered from a pre-existing back injury , which could have caused her symptoms.
The credibility of witnesses and the weight to be given their testimony is within the sole province of the trier of fact. See McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992). We conclude that a reasonable jury could have disbelieved Quintero's testimony concerning her alleged pain and suffering and, thus, could have reasonably inferred that she was not injured as a proximate result of the accident. This is particularly true given the confirmed lapses in medical treatment following the accident and evidence of her post-accident activities, including child-care, cleaning, and swimming. Finally, even though the defense either stipulated to or did not controvert her damage evidence with independent witnesses, the jury was not bound to assign any particular probative value to any evidence presented.
We therefore hold that, on the facts of this case, the jury was within its proper discretion in finding the accident was entirely the fault of the defendants, but refusing to award damages.
We therefore affirm the district court's refusal to order a new trial.
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