# Walker v. Tennessee Farmers Mutual Insurance Co.

> Court of Appeals of Tennessee · July 19, 1977 · 568 S.W.2d 103

URL: https://www.frixlaw.com/law-library/cases/9683368

## Case

- **Full name:** Ronald G. WALKER, Plaintiff-Appellee, v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY, Defendant-Appellant
- **Court:** Court of Appeals of Tennessee
- **Decided:** July 19, 1977
- **Citations:** 568 S.W.2d 103; 1977 Tenn. App. LEXIS 327
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Goddard
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9683368

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9683368. Public record. Not legal advice.