Minor as Personal Injury Defendant
I have to file suit against a minor who hit my client. Do I sue the parents or the minor?
Answer: Sue and serve the kid (I assume since he was driving he's over 15) per 12 O.S. Sec. 2004(c)(1): "c. Service shall be made as follows:
(1) upon an individual other than an infant who is less than fifteen (15) years of age or an incompetent person, by delivering a copy of the summons and of the petition personally or by leaving copies thereof at the person's dwelling house or usual place of abode with some person then residing therein who is fifteen (15) years of age or older or by delivering a copy of the summons and of the petition to an agent authorized by appointment or by law to receive service of process,"
If he's under 15, you have to serve the parent.
Then file a motion to appoint a guardian ad litem to defend him per 12 O.S. Sec. 2017(C): "The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person."
Posted on Thu, February 23, 2012
by Sharon Coleman filed under