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Rojhani v. Arenson5/16/1996
their status as next friends.
We conclude that, because the child was not capable of appreciating his injury and because no guardian or personal representative was appointed on his behalf, the child's notice of suit under ยง 24-10-109(1) was timely. See Cintron, supra.
We are not persuaded by defendants' contention that plaintiffs' counsel's alleged knowledge that defendants were public employees and knowledge of the child's injuries may be imputed to the child. As was the case in Cintron, counsel's authority to pursue the child's claims derives from the parents' status as next friends. Therefore, irrespective of counsel's alleged knowledge of the status of these defendants, the plaintiffs' failure to file notice under the Act within 180 days of the child's actual injury did not preclude the child's suit against these defendants.
The judgment of dismissal is reversed, and the cause is remanded for further proceedings consistent with this opinion.
JUDGE PLANK and JUDGE ROY concur.
Disposition
JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS
Judges Footnotes
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