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Dumas & Assocs. v. Nalecz

Defendant was not entitled to a new trial in plaintiff's breach of contract suit because the evidence supported the jury's finding that plaintiff performed work within the scope of his contracted services as an accident reconstruction expert.

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Dumas & Associates Dumas, a law firm, appeals from the denial of its motion for new trial after the jury rendered a verdict against it in the underlying breach of contract action. Because the jury’s verdict was supported by the evidence and was not contrary to the law, we affirm.

Where a jury returns a verdict and it has the approval of the trial judge, the same must be affirmed on appeal if there is any evidence to support it as the jurors are the sole and exclusive judges of the weight and credit given the evidence. The appellate court must construe the evidence with every inference and presumption in favor of upholding the verdict, and after judgment, the evidence must be construed to uphold the verdict even where the evidence is in conflict. As long as there is some evidence to support the verdict, the denial of defendant’s motion for directed verdict and new trial will not be disturbed.

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