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CARTER BY CARTER v. CORNWELL

No. 92-5292.

983 F.2d 52 (1993)

Christina CARTER, an infant under the age of fourteen years, by her father and next friend, Grover C. CARTER; Grover C. Carter, individually; and Jo Hannah Carter, individually, Plaintiffs-Appellants, Community Mutual Insurance Company, Intervening Plaintiff, v. Gary CORNWELL; James Murphy, as Director of Public Works, City of Ashland, Kentucky; and Ronald McBride, as Chief of Police, City of Ashland, Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 6, 1993.

Rehearing Denied February 23, 1993.

Attorney(s) appearing for the Case

Charles R. Coy, James T. Gilbert (argued and briefed), Coy, Gilbert & Gilbert, Richmond, KY, for plaintiffs-appellants.

Daniel King, III (argued and briefed), Gregory L. Monge (briefed), Matthew J. Wixsom (argued), Van Antwerp, Monge, Jones & Edwards, Ashland, KY, for defendants-appellees.

Before MILBURN and NORRIS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

Plaintiffs-Appellants, Christina Carter, Grover C. Carter and Jo Hannah Carter, have appealed from the district court's dismissal of their diversity action against defendants-appellees, James R. Murphy and Ronald McBride for damages resulting from injuries to Christina Carter suffered in an automobile accident.

On April 9, 1990, Christina Carter was struck by a vehicle operated by Gary Cornwell. Cornwell was driving south on...

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