CHRISTIAN v. HERTZ CORPORATION

No. 13829.

313 F.2d 174 (1963)

Elizabeth CHRISTIAN, Plaintiff-Appellee, v. The HERTZ CORPORATION, a corporation; Donald Scholz, and Scholz Homes, Inc., a corporation, Defendants, Donald Scholz and Scholz Homes, Inc., a corporation, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 7, 1963.


Attorney(s) appearing for the Case

Irvin Tischer, Gerald M. Chapman, Chicago, Ill., for appellants.

Lester E. Munson, Simon Herr, Louis A. Smith, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, KILEY, Circuit Judge, and GRUBB, District Judge.


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 surgery and a kidney ailment, were issues on which there...

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