FSM SUPREME COURT TRIAL DIVISION
Cite as Tarauo v. Arsenal, 18 FSM Intrm. 441 (Chk. 2012)
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.
CIVIL ACTION NO. 2011-1006
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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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, 18 FSM Intrm. 441, 442 (Chk. 2012).
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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. See Ricord 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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