Can a child file a lawsuit?

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Minors in Tennessee can be a party to a cause of action for a variety of torts.  However, “Minors cannot act for themselves in contracting with counsel and otherwise making provisions to institute [a lawsuit]. They must depend on someone to act for them.” Busby v. Massey, 686 S.W.2d 60, 62 (Tenn. 1984).  Because minors cannot sue in their own names but must sue by another, id., an infant may sue by next friend if the infant “does not have a duly appointed representative, or if justice requires.” … [Read more...]

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