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Jacobs v. Jones6/15/2000
hysical pain and mental anguish.
Jacobs also claims the evidence is insufficient to support the jury's $720 award for lost wages. Jacobs relies on Jones's trial testimony that she made seventeen dollars per hour, that she sometimes worked eight-hour shifts, and Jones's acknowledgment that, at her deposition, she testified she missed three or four days of work as a result of the accident. Jacobs contends this evidence indicates the maximum amount the jury could award Jones was $544.00 ($17/ hour x 8 hours/day x 4 days). We do not agree. Jones's direct testimony clearly supports an award of $720. When questioned on employment records indicating that some days she worked eight hours and others she worked twelve hours, Jones responded she usually worked twelve hour shifts at Children's Medical Center. To the extent Jones's trial testimony was inconsistent with her deposition testimony, it is the province of the jury to resolve such conflicts, determine the credibility of the witness, and the weight to be given their testimony. See K-Mart Corp. v. Pearson on Behalf of Ramos, 818 S.W.2d 410, 413 (Tex. App._Houston [1st Dist. 1991, no writ). We may not substitute our judgment for the jury's even if the evidence could support a different result. See Herbert, 754 S.W.2d at 144. After reviewing all of the evidence, we cannot say the evidence is so weak or insufficient as to demonstrate the jury's award of $720 for lost wages is clearly wrong and manifestly unjust.
Having concluded the evidence was factually sufficient to support the amount of the jury awards for lost wages and past pain and mental anguish, we necessarily reject Jacob's alternative request for a remittitur. See Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402, 406-07, cert. denied, 525 U.S.1017 (1998) (standard of review for excessive damage complaint is factual sufficiency of the evidence).
We affirm the trial court's judgment.
Do Not Publish
Tex. R. App. P. 47
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