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Treglown v. K-Mart Corp.

The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical injuries or her personality disorder.

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Charles Treglown appeals from the trial court’s denial of his motion for new trial following the jury’s verdict for K-Mart Corporation on his loss of consortium claim. Mrs. Ailene Treglown was awarded $180,000 for injuries suffered when she fell in Wesson oil spilled in an aisle and that judgment has been satisfied.

‘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.’ Citations and punctuation omitted. Cit.

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