Lytle v. Pepsi Cola General Bottlers, Inc.

Miller, J.:

The defendant Pepsi Cola General Bottlers, Inc., has appealed from a judgment of the district court in favor of the plaintiff William T. Lytle, in a personal injury action.

The case arose out of an automobile collision which occurred on May 4, 1977, between a car being driven by the plaintiff and a vehicle owned by defendant, being operated by its employee. Plaintiff suffered personal injuries and his car was damaged.

Within one month from the date of the accident, an adjuster for defendant’s liability carrier contacted the plaintiff and settled *333plaintiff s claim for damages to his…