Wisker Ex Rel. Wisker v. Hart

The opinion of the court was delivered by

McFarland, J.:

This is a medical malpractice action wherein *37the jury found plaintiffs decedent 60 percent at fault. The plaintiff appeals therefrom.

The first issue is whether the verdict is contrary to the evidence.

When a verdict is challenged for insufficiency of evidence or as being contrary to the evidence, it is not the function of this court to weigh the evidence or pass on the credibility of the witnesses. If the evidence, with all reasonable inferences to be drawn therefrom, when considered in the light most favorable to the prevailing party,…