(dissenting).
I respectfully dissent.
As the majority accurately states: Both drivers claimed the green light was in their favor and that they kept a proper lookout when entering the intersection. Both testimonies were uncontroverted and unim-peached. There was no evidence available to the jury which contradicted either driver’s version of the accident. Thus, there is no evidence to reasonably support a finding that either Huff or Peddycoart was negligent.
The jury is the sole judge of credibility and believability of witnesses. If both witnesses are equally believable, there is no preponderance in favor of either and the claimant has not met her burden.
No rule of law requires a case to be retried on the same facts in order to find a jury which will believe one party as opposed to another. The plaintiff did not meet her burden of proof. The verdict was “justified by the evidence.” The trial court should be affirmed.