Sealy v. Dodge

This appeal is from an order granting summary judgment to respondents in two actions against them arising from the medical treatment of appellants’ minor child. We reverse.

In 1982 appellants Leslie and Francis Diane Sealy attempted to commence medical malpractice actions against respondents on behalf of their minor child for negligence in removing the child’s tonsils. The trial judge sustained respondents’ demurrers to the actions on the grounds that the minor child lacked legal capacity to sue without a duly appointed guardian ad litem and several causes of action were improperly joined. The…