Christian v. Hertz Corp.

KILEY, Circuit Judge.. This is a diversity personal injury action tried on the issues of damages and proximate cause of injuries. Negligence was conceded.

Plaintiff was driving fifty-five miles per hour on the Tri-State Tollway, and her car was struck from behind by the Scholz car. Whether, and to what extent, plaintiff’s injuries were proximately caused by the collision, or were a result of previous sux-gery and a kidney ailment, wex'e issues on which there was conflicting evidence. The jury decided, on substantial evidence, in favor of plaintiff and we see no reason for disturbing its…