Paul Sykes

The Public Guardian and Trustee, acting as litigation guardian for the plaintiff, brought a Rule 7 motion to approve a $1,180,000 settlement of the plaintiff's statutory accident benefits claims.

The plaintiff, who had been found to be a party under a disability, objected to the settlement and the involvement of the litigation guardian.

The court found the settlement to be eminently reasonable and in the plaintiff's best interests, noting her severe psychological decline and failure to comply with treatment.

The settlement was approved, with the bulk of the funds placed in a structured annuity.

The plaintiff's counsel of record brought a motion seeking directions for a capacity assessment of the plaintiff and the appointment of the Public Guardian and Trustee (PGT) as her litigation guardian.

The court dismissed the request for a capacity assessment, finding that sufficient medical evidence had already been filed.

Relying on psychological and psychiatric reports indicating the plaintiff suffered from severe cognitive deficits, paranoia, and delusions, the court found the plaintiff was a party under disability incapable of instructing counsel or making litigation decisions.

The court appointed the PGT as litigation guardian and granted counsel's motion to be removed from the record.

The plaintiff's counsel of record brought a motion seeking a court-ordered capacity assessment of the plaintiff and the appointment of the Public Guardian and Trustee as her litigation guardian.

The plaintiff opposed the motion.

The court found that counsel had not followed the proper procedure under Rule 7.03(6) by failing to serve a Request for Appointment of Litigation Guardian prior to bringing the motion, which took the plaintiff by surprise.

To ensure fairness, the court adjourned the motion and granted the plaintiff time to deliver responding materials.