The Public Guardian and Trustee (PGT), acting as litigation guardian for a plaintiff under a disability, brought a motion under Rule 7.08 for court approval of a proposed $45,000 settlement of claims arising from an alleged police assault.
The plaintiff and his family opposed the settlement, arguing he was not under a disability and should proceed to trial.
Following a court-ordered capacity assessment, the court confirmed the plaintiff lacked capacity to instruct counsel and that the PGT had the authority to settle the action.
However, the court found the evidentiary record insufficient to meaningfully assess the reasonableness of the proposed settlement, particularly regarding general and special damages.
The court directed the PGT to provide further medical documentation and adjourned the approval determination.
