Francis E. Mannke v. Benjamin Moore & Company

OPINION OF THE COURT

BIGGS, Circuit Judge.

Mannke, the plaintiff-appellant, had stopped his automobile when it was hit in the rear by a car belonging to Benjamin Moore & Company. Three days later, on September 23, 1963, Mason, an adjuster for Moore and Company’s insurance company, Sun Insurance Company, contacted Mannke. On September 30, 1963, Mannke visited Mason at his office where the terms of a release were negotiated but no release was then signed.

The record by Mannke’s own testimony shows that at the office conference he complained to Mason of some physical discomfort. The adjuster…