Ferguson v. Tomerlin

OPINION

CONNER, Judge.

The determinative question here presented is whether the statutory presumption of agency embodied in T.C.A. § 55-10-311, infra, standing alone, is sufficient to withstand a motion for summary judgment after being effectively rebutted by then unre-futed facts adduced through discovery.

This litigation arose as a result of an automobile accident that occurred on August 15,1975, on Nolensville Road in Nashville, Tennessee. In that accident plaintiff-appellee, 1 Stephen Arnold Ferguson, suffered severe physical injury. Mr. Ferguson alleged that the accident was proximately…