Dotolo v. Petrucelli

The plaintiff was injured in an automobile accident on January 30,1962, alleged to have been caused by the negligence of the defendant’s agent. This action was instituted on May 4, 1963. The complaint contains three counts; the first is in negligence, the second is based on an alleged agreement in writing by the defendant to pay $975 in settlement of the plaintiff’s claim in consideration of her refraining from instituting suit, and the third is based on an oral agreement of the same tenor. The defendant’s answer contained a general denial and a special defense to the first count of the…