O'SULLIVAN, Circuit Judge.
This is an appeal by defendant-appellant, John Tooke, from a judgment of $43,090.65 entered upon a jury verdict in favor of plaintiff-appellee, Marable McFall. The action sought damages for personal injuries suffered by plaintiff when, as a pedestrian, he was struck by an automobile driven by defendant. This is a diversity case and Kentucky law controls.
Upon a first trial of the cause, the jury disagreed. The verdict upon which...
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