(Download) "Froid v. Knowles." by Colorado Supreme Court * eBook PDF Kindle ePub Free

eBook details

Title: Froid v. Knowles.
Author : Colorado Supreme Court
Release Date : January 30, 1934
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

It appears that plaintiff, employed as a county truck driver, was injured in the course of his employment; that the county was operating under the Workmens Compensation Act, carrying insurance with the State Compensation Insurance Fund; that in due course plaintiff made application to the Industrial Commission to allow and fix his compensation; that through accommodation and adjustment, to which plaintiff, the county, the commission, and the insurance carrier were parties, settlement was effected. Defendant pleaded that in the settlement thus consummated plaintiff received compensation for all his injuries, including any injury alleged to have resulted from defendants treatment of plaintiff, but in his replication, to which the demurrer was sustained, plaintiff denied that the compensation received included anything on account of the injuries he claims to have suffered through defendants alleged malpractice pleaded in his complaint, and alleged that no contractual relation or privity existed between defendant and the employing county. The defendant was not a party to the settlement, and the text of the receipt and release referred to by him was not pleaded. "The allegation in the answer herein that the awards made to and accepted by the plaintiff were in compensation for all of the injuries set forth in the complaint is, at most, the conclusion of the pleader." White v. Matthews, 224 N.Y.S. 559, 563.