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Zakour v. UT Medical Group10/31/2005
.P. 13(d); Barnes v. Goodyear Tire and Rubber Co., 48 S.W.3d 698, 704 (Tenn. 2000). When addressing whether there is material evidence to support a verdict, an appellate court shall: (1) take the strongest legitimate view of all the evidence in favor of the verdict; (2) assume the truth of all evidence that supports the verdict; (3) allow all reasonable inferences to sustain the verdict; and (4) discard all [countervailing] evidence. Crabtree Masonry Co. v. C & R Constr., Inc., 575 S.W.2d 4, 5 (Tenn. 1978); Black v. Quinn, 646 S.W.2d 437, 439-40 (Tenn. Ct. App.1982). Appellate courts shall neither reweigh the evidence nor evaluate the credibility of witnesses. White v. Vanderbilt University, 21 S.W.3d 315 (Tenn. Ct. App. 1999). If the record contains "any material evidence to support the verdict, [the jury's findings] must be affirmed; if it were otherwise, the parties would be deprived of their constitutional right to trial by jury." Crabtree Masonry Co., 575 S.W.2d at 5. In this case the jury has resolved the question of credibility in the Defendants favor. Taking all of the rules into consideration, there is substantial material evidence to support the verdict of the jury.
For the foregoing reasons, we affirm the judgment of the trial court and remand for such further proceedings as may be necessary. Costs of the appeal are assessed to the Appellants, Jacob Shores, Eric Nelson, Leif Nelson, and Misty Nelson, and their surety.
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