dissenting.
I respectfully dissent from the majority opinion for the reason that it is my opinion that it weighs the evidence and judges the credibility of several of the witnesses in order to reverse the jury's verdict. We are not permitted to exercise either of these functions on appellate review of questions directed to the sufficiency of the evidence. Warner v. Riddell Nat. Bank (1985), Ind.App., 482 N.E.2d 772. We may only set aside a jury verdict where there is a latent lack of evidence or where it is contrary to uncontradicted evidence. - Bymaster v. Bankers Nat. Life Ins. Co. (1985), Ind.App., 480 N.E.2d 273. This case fits in neither of these situations.
A review of all the probative evidence and the inferences to be drawn therefrom, when viewed under the appropriate standard of review, is, in my opinion, sufficient to sustain the verdict. See, State v. Monticello Developers, Inc. (1987), Ind.App., 502 N.E.2d 927, modified on transfer (1987), Ind, 515 N.E.2d 1070. Reversal is especially not appropriate if the test that reasonable persons would differ as to the result is applied. Monticello, supra.
I would affirm the jury's verdict.