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Kinnard v. Taylor5/25/2000
r detailed chronology of his pain and discomfort which was so elaborate as to evoke comment from Dr. Weiss. His multiple and persistent statements of pain, coupled with the minimal physical findings, could have led the jury to believe that he was grossly exaggerating his condition. The jury was also aware that he had previous experience with presenting claims for personal injuries and had actually collected money from these claims.
Insofar as there was a conflict in the opinions of the physicians, the jury undoubtedly decided that Dr. Weiss's opinion was more consistent with what they found from their observation of the plaintiff. The jury had the opportunity to observe the witnesses as they testified, both in person or by videotape. The weight, faith, and credit to be given to any witness's testimony lies in the first instance with the trier of fact, and the credibility accorded will be given great weight by the appellate court. Town of Alamo v. Forcum-James Co., 205 Tenn. 478, 327 S.W.2d 47 (1959); and Sisk v. Valley Forge Ins. Co., 640 S.W.2d 844 (Tenn. Ct. App. 1982).
The jury apparently wanted to award Mr. Kinnard the expense he incurred in his initial treatment but, because of the factual dispute, did not feel that there was any expense of the subsequent treatment related to the accident. Bearing in mind the extreme importance of credibility as assessed by the jury, the jury could have reasonably concluded that Mr. Kinnard was not injured in the manner and to the extent as he claimed, that perhaps there was some exaggeration on Mr. Kinnard's part concerning his multiple complaints of pain.
From our review of the record, there appears to be material evidence to sustain the jury's verdict. Accordingly, the judgment of the trial court is affirmed, and this case is remanded to the trial court for such further proceedings as may be necessary. Costs of the appeal are assessed against the appellant, Bruce L. Kinnard.
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