Limitations — Trespass action — Personal injuries — Waiver of statute of limitations — Representations by insurance adjuster — Act of June 24, 1895, P.L. 236.
In this action of trespass to recover damages for personal injuries sustained on March 19, 1952, which was not instituted for more than thirty months after the accident, and in which it appeared that in May or June of 1952 an insurance adjuster employed by defendant's liability insurer called upon the plaintiff and said "Take care of the foot. Come see me when Dr. Johnson discharges you."; that he visited the plaintiff a second time in August or September 1952 and inquired about his foot and also visited him a third time in October or November 1952 and said "Take care of foot. When Dr. Johnson discharge you come see me at the office. I no come around no more.", it was Held that (1) such facts did not constitute any waiver of the statute of limitations or estop defendant from pleading it as a defense, and (2) the action was barred by the two year limitation contained in the Act of June 24, 1895, P. L. 236, § 2.
OPINION PER CURIAM, January 6, 1958:
Judgment affirmed on the opinion of Judge WOODRING, 10 Pa. D. C.2d 598.