Wetzstein

Plaintiff commenced this action to recover damages for injuries which she suffered when an automobile in which she was riding collided with an automobile negligently driven by defendant. The accident occurred on December 4, 1936, on Glendale Boulevard in the city of Los Angeles near its intersection with Montgomery Street. Defendant appeals from a judgment entered in favor of plaintiff in the sum of $5,000.

Except for several hours spent in a doctor’s office and in her place of business plaintiff remained at home and in bed for a number of days immediately after the accident. On December 4th and 5th and again on December 7th, an insurance adjuster called on plaintiff and on each occasion remained several hours discussing a possible settlement. On the last-mentioned date the adjuster secured plaintiff’s signature to a document purporting to be a release of all claims for damages and left a release to be signed by plaintiff’s husband. This release, which was for consequential damages suffered by the husband by reason of the injuries to plaintiff, was signed by the husband at plaintiff’s request although the husband had never seen nor talked with the adjuster. Plaintiff received the…