Opinion
Davidson Circuit No. 93C-3547. Appeal No. 01A01-9604-CV-00146.
September 18, 1996.
RULE 10 ORDER AND OPINION
This appears to be a proper matter for consideration pursuant to Court of Appeals Rule 10(a).This is a personal injury action arising out of an automobile accident. Following a trial, the jury returned a verdict in favor of defendant. The sole issue raised by plaintiff is whether the jury verdict was contrary to the weight of the evidence.
We note at the outset that plaintiff has mischaracterized our standard of review on appeal. The pertinent inquiry is not whether the verdict was contrary to the weight of the evidence because appellate courts may not reweigh the evidence on appeal from a jury verdict. Grissom v. Metropolitan Gov't., 817 S.W.2d 679, 684 (Tenn.App. 1991). Where, as here, a trial judge has approved a jury's verdict, our standard of review is whether there is any material evidence to support the verdict. T.R.A.P. 13(d). Thus, we will set aside a judgment on a jury verdict only where the record contains no material evidence to support the verdict.Foster v. Bue, 749 S.W.2d 736, 741 (Tenn. 1988).
From our review of the record, we conclude that there was evidence presented at trial from which the jury could have concluded that defendant was not negligent. The trial judge agreed with the jury's determination in this regard and approved the verdict. (TR 57) Accordingly, we find that there exists material evidence in the record to support the judgment below.
The judgment of the trial court is affirmed in toto. Costs of this appeal are adjudged against appellant.
_____________________________________ HIGHERS, J.
_____________________________________ CRAWFORD, P.J., W.S.
_____________________________________ CANTRELL, J.