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Ernest Gene Gunn, a five-year-old boy, was seriously injured as a result of negligent driving attributed to John J. Washek. Shortly after the accident, the boy's mother was visited at home by an adjuster from Mr. Washek's insurance company. The adjuster told her that there was no need to retain an attorney, because the company would make a settlement as soon as the boy was out of his doctor's care; if Ms. Gunn were not satisfied at that time, she could retain an attorney and file suit.

The boy's injuries were sufficiently severe to require a doctor's care for 23 months. At the end of that time Ms. Gunn made repeated efforts to reach the insurance company adjuster, but without success. She then retained a lawyer, who promptly filed suit for her. Ms. Gunn's boy never did have his day in court, however, because the attorneys for the insurance company successfully pleaded a two-year statute of limitations. Gunn v. Washek, 405 Pa. 521, 176 A.2d 635 (1961).



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