Clark v. Henderson

This is an action for damages for personal injuries sustained by plaintiff when he fell from a horse owned by the defendants. The accident occurred on March 18, 1956, and the complaint was filed on June 20, 1957. It is alleged in the complaint, among other things, that a confidential relationship existed between plaintiff and defendants ; that after plaintiff’s injury the defendants admitted liability therefor and represented to plaintiff and his wife that defendants were abundantly insured and “that their insurance protected the defendants from claims arising from injuries of the type and nature suffered by plaintiff, and that the defendants would see that the plaintiff was adequately recompensed for both his general and special damages caused by plaintiff’s injury”; that defendants assured plaintiff on five different dates that ‘1 an adequate settlement would be forthcoming”; that because of the confidential relationship of the parties and because of plaintiff’s mental condition, plaintiff relied upon the defendants’ promise of a settlement until immediately before the institution of this suit, and for that reason did not commence this suit within one year from the date of…