When will a court not second guess a parent's decision not to file a claim on behalf of their minor child?
MultiRegion, United States of America
The following excerpt is from Zavala By and Through Ruiz v. U.S., 876 F.2d 780 (9th Cir. 1989):
Parents must file a claim on behalf of an injured minor child, and this court will not second guess their decision not to do so. Landreth, 850 F.2d at 534. We have held that a child is bound by his parents' failure to file a claim, even where that failure results from a conflict of interest. Id.; Pittman v. United States, 341 F.2d 739 (9th Cir.), cert. denied, 382 U.S. 941, 86 S.Ct. 394, 15 L.Ed.2d 351 (1965).
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