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Jim v. Budd6/9/1987
de the record, in which case this court cannot review them, see Dominguez v. Rogers, 100 N.M. 605, 673 P.2d 1338 (Ct.App.1983), or plaintiff failed to timely object. State v. Muise. In any event, there is no indication of prejudice.
e. Cumulative Error
As to defendant's claim of cumulative error, the doctrine has not heretofore been applied in civil cases in New Mexico. But see Marchese v. Warner Communications, Inc., 100 N.M. 313, 670 P.2d 113 (Ct.App.1983); see also Del Monte Banana Co. v. Chacon, 466 So.2d 1167 (Fla.App.1985). Assuming without deciding it can be so applied, it would have no application here where no error is committed, and where plaintiff received a fair trial. See State v. Taylor, 104 N.M. 88, 717 P.2d 64 (Ct.App.1986).
Conclusion
While this court is not insensitive to the fact that the verdict in this case may seem harsh to plaintiff, it is within the province of the jury to weigh the evidence and credibility of the witnesses; and we will not substitute our judgment for that of the jury absent a lack of substantial evidence to support the verdict. Lujan v. Reed, 78 N.M. 556, 434 P.2d 378 (1967). For the foregoing reasons, the judgment of the trial court is affirmed.
IT IS SO ORDERED.
BIVINS, Justice, and APODACA, Justice, concur.
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