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Webb v. Thomas Trucking6/4/2002
Debbie and Ricky Webb sued Thomas Trucking, Inc. and its driver, Kenneth Charles Cook (collectively referred to as Thomas Trucking), for personal injuries and loss of consortium following an automobile collision which occurred in May 1998. Thomas Trucking admitted that its negligence caused the collision, but denied that the collision caused the Webbs' damages. Following a four-day trial on damages, the jury returned a defense verdict. The Webbs appeal, arguing that the trial court erred in (1) refusing to grant a new trial because the evidence did not support the verdict, (2) charging the jury on mitigation of damages, (3) excluding the testimony of Debbie Webb's sister as to the damage done to her vehicle, (4) excluding Ricky Webb's testimony as to the financial condition of the Webbs, and (5) excluding opinion testimony regarding why Debbie Webb had taken such a wide range of drugs since May, 1998. Because each of these enumerations of error lack merit, we affirm the judgment entered upon the jury's verdict.
1. The Webbs first argue that the trial court erred in denying their motion for new trial because the jury was not authorized to return a verdict for Thomas Trucking and because the verdict was inconsistent with the preponderance of the evidence. In reviewing the denial of a motion for new trial on the general grounds, this Court must determine whether there is any evidence to support the jury's verdict, and we must construe the evidence in the light most favorable to the prevailing party.
It is of no consequence on review of the denial of a motion for new trial based on the sufficiency of the evidence that the evidence adduced at trial would have authorized a verdict for either party. A reviewing court must view the evidence in a light most favorable to upholding the jury's verdict and any evidence which supports the jury's verdict is sufficient to sustain the trial court's denial of a motion for new trial based on the sufficiency of the evidence.
In addition, this Court may not substitute its judgment for that of the jury and will neither weigh evidence nor determine the credibility of witnesses.
Viewed in this light, the evidence shows that Debbie Webb was a passenger in a car driven and owned by her sister, Glenda Davis. While waiting to make a left-hand turn at an intersection controlled by four-way stop signs, Cook, who was operating a semi-tractor without a trailer, hit their car from behind twice. At trial, Davis described in detail the damage she contended was caused by the impact, including the driver's seat, the rear bumper, the taillights, the trunk lid, and the convertible top. However, she admitted that she drove the car home from the scene, and Debbie Webb testified at trial that she had previously stated in a deposition that Davis' vehicle did not sustain much damage. In addition, Thomas Trucking tendered photographs which reflected minor damage to Davis' car. Both Davis and Webb admitted at trial that they did not complain of any injuries at the scene. Webb admitted she did not go to the emergency room or a doctor's office until five days after the collision, when she reported to work for her normal shift, told her supervisor about the collision, and was directed by her supervisor to be examined by a doctor.
Webb claimed that her neck was injured in this collision and that she had not suffered neck problems prior to the collision. However, the record reveals that Webb had a long history of neck and shoulder problems prior to this collision. According to the record, beginning in 1995, over three years before the collision, Webb started intense treatment with muscle relaxers and pain killers for her neck and shoulder. These medi
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