John P. Randolph v. Joseph Ottenstein

DANAHER, Circuit Judge:

Claiming damages for injuries alleged to have been caused on April 19, 1960 by the negligence of the appellees, the appellant, an experienced attorney, in June demanded under threat of suit, that a prompt settlement be made. When the insurance carrier requested a medical examination, the appellant testified he informed the adjuster he had just been examined by his own doctor who had taken an X-ray, and his doctor would be willing to give a written statement as to what he had found and what his diagnosis was. The adjuster accepted that arrangement, and the appellant sent…