Tarauo v Arsenal [2012] FMSC 40; 18 FSM Intrm. 441 (Chk. 2012) (25 October 2012)

FSM SUPREME COURT TRIAL DIVISION

CIVIL ACTION NO. 2011-1006

ANTINISI TARAUO, on behalf of Andrew Tarauo, a minor,
Plaintiff,

vs.

DR. JULIUS "JOJO" ARSENAL, personally and as Chuuk Health Services Physician, and Nurses DONALD CASAS, and RITCHIE SOLTONES,
Defendants.
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ORDER SUBSTITUTING PLAINTIFF

Dennis K. Yamase
Associate Justice

Decided: October 25, 2012

APPEARANCES:

For the Plaintiff: Sabino S. Asor, Esq.

P.O. Box 95

Weno, Chuuk FM 96942

For the Defendants: Aaron L. Warren, Esq.

Assistant Attorney General

Office of the Chuuk Attorney General

P.O. Box 1050

Weno, Chuuk FM 96942

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HEADNOTE

Civil Procedure - Parties - Substitution of
Since all civil actions should be prosecuted by the real party in interest, when the real party in interest is no longer a minor, he will be substituted as the sole plaintiff in the place of his mother who had appeared as plaintiff as his next friend. Tarauo v. Arsenal, [2012] FMSC 40; 18 FSM Intrm. 441, 442 (Chk. 2012).

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COURT'S OPINION

DENNIS K. YAMASE, Associate Justice:

On September 10, 2012, the court asked the parties for their views on whether, since the alleged victim, Andrew Tarauo, in this tort action has passed the age of majority, he should be substituted as the party-plaintiff from here on in the place of his mother who appears as plaintiff as Andrew Tarauo's next friend. The defendants filed their views on September 21, 2012. The plaintiffs did not file a response.

Since all civil actions should be prosecuted by the real party in interest, FSM Civ. R. 17(a), and since the real party in interest is no longer a minor, now therefore it is hereby ordered that Andrew Tarauo is now substituted, as plaintiff, for Antinisi Tarauo. SeeRicord v. Central Pac. R.R., 15 Nev. 167 (1880) (error to join person who had attained his majority by time of trial as party-plaintiff with his mother; proper to substitute him as sole plaintiff). All future captions shall reflect this change.

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