Opinion

Walker v. Tennessee Farmers Mutual Insurance Co.

  • 568 S.W.2d 103
  • 1977 Tenn. App. LEXIS 327
Court
Court of Appeals of Tennessee
Filed
Jul 19, 1977
Status
Published
On the bench
Goddard
Cited by
27 cases
Authority
More cited than 8.3%

The opinion

OPINION ON PETITION TO REHEAR

Tennessee Farmers Mutual Insurance Company, Defendant-Appellant, files a petition to rehear asserting a ground that counsel believed “inadvertently escaped the attention of the Court: THAT BEING THERE IS NO EVIDENCE TO SUPPORT THE VERDICT OF THE JURY AS TO THE AMOUNT OF THE AWARD FOR THE TRUCK OF TWENTY-TWO HUNDRED ($2200) DOLLARS.”

Counsel is correct that this point escaped our attention. We suspect it was occasioned in part because the point was not specifically assigned as error, nor addressed in the Appellant’s original brief.

Nevertheless, we have considered the question, and in view of the Plaintiff’s testimony that his vehicle was worth between $2500 and $2700, and our belief that the physical evidence rule enunciated in Lowe v. Preferred Truck Leasing, Inc., Tenn.App., 528 S.W.2d 38 (1975), is inapplicable to the facts of this case, overrule the petition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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