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Camp v. EMSA Ltd.

5/26/1999

e defendants, answering only the first question on the verdict form: "On the Claims of [the Camps against the defendants] do you find: (1) The medical care rendered by defendants' employee (Dr. Ramirez) failed to meet the appropriate standard of care? NO."


"It is the function of the jury to resolve conflict in testimony; this Court will not substitute its judgment for that of the jury and will neither weigh evidence nor determine witness credibility. Stubbs v. Harmon, 226 Ga. App. 631, 632 (1) (487 SE2d 91) (1997)." (Citations and punctuation omitted.) Harris v. Leader, 231 Ga. App. 709, 713 (2) (499 SE2d 374) (1998).


As to the Camps' complaint that the verdict for the defendant was against the weight of the evidence, "'[only] the trial court is vested with the authority to grant a new trial on a matter relating to the weight of the evidence.'" College Park Cabs v. Justus, 227 Ga. App. 66, 70 (5) (488 SE2d 88) (1997). Although there was conflicting evidence, there was evidence to support the verdict, and the trial court did not err in denying the Camps' motion for a directed verdict or the motion for new trial based on the verdict being strongly against the weight of the evidence.


Judgment affirmed.


Barnes, J., and Senior Appellate Judge Harold R. Banke concur.




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