Attorney Alfred Mainetti recently had occasion to settle an infant’s
case (anyone under the age of 18 years, unless emancipated by his own
actions is considered an infant under New York State law). The case involved
a 16 year old boy who sustained a fractured arm in two separate occurrences.
What was truly unusual was during the progress of the case and in fact,
at a stage where significant monies had been offered on the case, infant
plaintiff’s mother sought to discontinue the case. She suddenly
realized she would not receive the monies from the case, but rather the
monies would be placed in trust for her son until he reached the age of
18, as required by law.
As an officer of the court, Mr. Mainetti sought appointment of a law guardian
for the benefit of his client. The appointment of a law guardian was ordered
by the court. The young boy’s mother became so upset when she became
aware that monies would be received by her son and not her, that she forwarded
threatening letters to the sitting supreme court judge, resulting in her
arrest. The infant’s case was resolved for the sum of $290,000.00
with approval of the law guardian and the court. Court approval of any
case involving an infant, (i.e., person under 18 years of age), is always
required before resolution of the infant's case.