In a negligence action resulting from an automobile collision, the jury rendered verdicts against the plaintiffs, Larry K. Warren and his minor son, Larry, Jr. The Warrens moved for a new trial on the ground that the jury verdict was against the weight of evidence. After the trial court overruled that motion, the Warrens instituted this appeal.
The judgment is affirmed.
Because the plaintiff has the burden of proof, a verdict in defendant’s favor need not be supported by any evidence. Bakelite Co. v. Miller, 372 S.W.2d 867, 871-72 (Mo.1963). Therefore, the evidence need not be recounted because the sufficiency of the evidence to support a defendant’s verdict is not a question amenable to appellate review. Id.
The Warrens’ sole point on appeal presents nothing for appellate review. The Warrens assert error in the trial court’s denying them a new trial on the ground that the jury verdict was against the weight of the evidence. However, weighing evidence remains a trial court function.
Castle v. Modern Farm Equip. Co.,
Reasons for this longstanding rule abound. The plaintiff bears the burden to prove that the defendant was negligent and that the injuries directly resulted from the defendant’s negligence.
Joseph v. Orscheln Bros. Truck Line, Inc.,
The judgment of the trial court is affirmed.
