The defendants brought a motion to dismiss the plaintiff's slip and fall action, prompted by the plaintiff's daughter advising that her 86-year-old mother, Joanne Weigen, wished to discontinue the lawsuit and had not suffered injuries from the fall.
Concerns about Ms. Weigen's mental capacity and bipolar disorder were raised.
The court, after a cursory examination of the plaintiff and questioning her daughter under oath, appointed the daughter as litigation guardian and approved the dismissal of the action without costs, satisfying the requirements of Rule 7 of the Rules of Civil Procedure.
