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Southern Farm Bureau Casualty Ins. v. Brigance
Citations: 234 Ark. 172; 351 S.W.2d 417; 1961 Ark. LEXIS 552Docket: 5-2497
Court: Supreme Court of Arkansas; November 13, 1961; Arkansas; State Supreme Court
Omer Brigance, the appellee, owned a 1957 Ford sedan insured by Southern Farm Bureau Casualty Insurance Company, the appellant. Following a collision on May 22, 1960, Brigance reported the damage to the insurer, initiating an investigation that led to disputes over repair costs and parts. Despite the appellant's offer to repair the car at their chosen garage, Brigance opted to have it repaired at a garage in Waldron, incurring costs he paid with two checks: one for $50 (the policy deductible) and another for $874.49 for repairs. Brigance subsequently sued the appellant in Scott Circuit Court, where the jury found in his favor for the full repair amount. The court affirmed that the car was insured and damaged, and upheld the jury's finding of damages. It stated that it would only reverse a verdict if no substantial evidence supported it. While the jury's conclusions might not align with the court's views, they accepted the jury's verdict based on the evidence presented. However, testimony regarding the replacement of an 'A-Frame' assembly indicated a duplicate charge for a left spindle, leading the court to reduce the judgment from $874.49 to $847.59. As a result, Brigance was not entitled to penalties or attorney’s fees, and the appellant was awarded costs.