cause to the District Court for further proceedings.
On January 13, 1983, Buskirk was helping Donald Nelson install a garage door opener on a garage door owned by Adeline Nelson. Adeline is the mother of Donald Nelson. After the door opener was installed, it is alleged that an object flew loose from the door and struck Buskirk in his left eye. Buskirk received immediate medical attention and subsequently incurred substantial expense in relation to medical treatment of his eye. As far as the record now reveals, he may have lost the sight of that eye.
Adeline Nelson was insured under a home owner's policy issued by Farmer's Insurance Exchange, a unit of Farmer's Insurance Group. Buskirk made a claim under the policy for the injuries he received to his eye.
OnFebruary 2, 1983, a claims agent for Farmers, Tim McConville, met with Buskirk at his home in Havre, Montana. The claim was discussed but no settlement was reached. McConville again visited Buskirk on March 15, 1983. It appears that as a result of that meeting, Buskirk signed a release which if valid would have the legal effect of discharging Donald and Adeline Nelson from all of Buskirk's claims. Buskirk's contentions respecting that release will be set out below.
Eventually Buskirk brought suit against Donald and Adeline Nelson and the other defendants on September 27, 1984. The Nelsons, through their insurer, filed an answer to the complaint on November 20, 1984. In the answer, as a fourth defense, it is alleged that Buskirk had released and discharged the Nelsons.
During the