A former companion of ailing media mogul Sumner M. Redstone, who wants to regain authority to make medical decisions on his behalf, won a round in court Monday.
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Doctors who treat Redstone have said brain scans haven’t found any diminished capacity. Investors in Viacom and CBS-the two media companies in which Redstone is the controlling shareholder-are anxious about his health, with one shareholder filing suit last summer, claiming that they are paying the man millions of dollars for a job he is unable to do.
Redstone controls about 80 percent of the voting stock, though he stepped down as executive chairman at both companies earlier this month.
Of course, many of those seniors, regardless of what their capacity is or who is influencing them or not, don’t have the kind of big bucks that this case has in the not so distant background.
The judge said the case “should not rest on a paid witness”.
The judge also expressed concern over an alleged “feud” among Redstone’s nurses.
“Regarding Sumner’s health care proxy, Shari was a health care proxy for her father before Herzer, and after Sumner terminated his involvement with Herzer, he asked Shari to resume responsibilities in that regard, which is reflective of the strong relationship that exists between Shari and her father”, said Nancy Sterling, spokeswoman for Ms. Redstone, in a statement Monday.
The legal battle over Sumner Redstone’s mental competency is going to trail.
The judge set a trial date of May 6 for the matter. “We don’t want speed to take the place of Mr. Redstone’s right to fully defend against this action, which he will do”, Vidal said.
Redstone, 92, made a fortune at the helm of media companies. Bishop threw Herzer out of Redstone’s home in Los Angeles and told her that Redstone had created a new health care directive on October 16, naming Viacom Chief Executive Philippe Dauman as Redstone’s health care agent, according to court papers.
“There is substantial “controversy” in this unusual case where Redstone’s capacity is in dispute”, writes Cowan in his tentative.
Cowan also wrote that Redstone’s personal physician maintains his patient does have the mental capacity to make such decisions on his own behalf.
After the hearing, Herzer attorney Pierce O’Donnell said Redstone was being “preyed upon” by those around him.
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“Surviving a motion to dismiss is a far cry from winning her petition”. “This decision is not a finding on the merits and it does not change the fact that Ms. Herzer’s motives are purely financial”.
