The litigation guardian for a plaintiff previously declared a person under disability brought a motion under Rule 7.08 of the Rules of Civil Procedure seeking court approval of a settlement dismissing the action without costs.
The plaintiff opposed the settlement and sought removal of the litigation guardian, asserting he was no longer under disability.
The court reviewed psychiatric evidence and the plaintiff’s conduct during the proceedings and found he remained incapable of appreciating the reasonably foreseeable consequences of litigation decisions.
The court further concluded the proposed settlement was in the plaintiff’s best interests given limitation issues, weak evidentiary support, and significant litigation risk.
The motion to remove the litigation guardian was denied and the settlement was approved.
