Castenada v. Ruderman

This is an action to rescind a release executed on receipt of $750 in behalf of an unrepresented five-year-old infant who had sustained a basal skull fracture.

There is no evidence of fraud or mistake on the part of the defendant’s insurance carrier or of the infant’s aunt and guardian ad litem. Both doctors who examined the child for the insurance carrier within weeks following the auto accident were aware of the infant’s hospitalization for one week during which time she bled from an ear for three days, and the fact that she had also suffered a head injury two years earlier for which she had…