FEDERALDistrict Court, D. Kansas
1994

Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative Service

871 F. Supp. 1331District Court, D. Kansas • Decided 1994Voided
Dispute ResolutionCited 89 times

HOLDING

A minor child attempted to sue through a parent acting as a legal representative without an attorney. The court voided the case, ruling that a minor's right to legal counsel cannot be waived by a parent. This means any lawsuit involving a minor must have proper attorney representation—the parent alone cannot represent the child in court. For construction disputes involving minors (injured workers, property owners), this establishes that you cannot settle or litigate claims without ensuring the minor has independent legal counsel.

KEY FINDINGS

Dispute Resolution

If a minor is involved in a construction injury or dispute, the parent cannot represent them in court without an attorney—proper legal counsel is mandatory

FULL COURT OPINION