The legal action initiated by Robert Cary McNair Jr., one of the sons of the Houston Texans owner, aimed at declaring her incapacitated and appointing a guardian, was withdrawn on Monday. The lawsuit, filed in November in Harris County, where Houston is situated, sought to have Janice McNair, 87, declared incapacitated and a guardian appointed for her.
However, on Monday, Cary McNair’s lawyers, along with other parties involved, filed a motion to jointly drop the lawsuit. The Houston Chronicle first reported the end of the case. Jeremy Fielding, an attorney for Cary McNair, told the newspaper that the family had decided to address these issues privately.
Fielding stated that Cary McNair was concerned about his mother’s health and had filed the lawsuit to protect her, not to “control her estate,” as his brother Cal had suggested.
Attorneys for Janice McNair and her son Cal McNair, who is the chairman and CEO of the Texans, had previously disputed Cary McNair’s claims that the elder McNair was incapacitated or needed a guardian to manage her personal, financial, and medical decisions. Janice McNair became the principal owner of the Texans after her husband, Robert “Bob” McNair, passed away in 2018.
“Cal McNair is pleased that the baseless lawsuit against his mother, Janice McNair, was dismissed today. He is relieved that she will not be subjected to an unnecessary medical examination or placed under a restrictive guardianship that would limit her rights. She will continue to be actively involved as the founder and senior chairperson of the Houston Texans,” said Paul Dobrowski, Cal McNair’s attorney, in a statement.
The decision to drop the lawsuit came after Judge Jerry Simoneaux ruled earlier this month that Janice McNair would not have to undergo an independent examination to assess her mental capacity. Cary McNair’s attorneys had requested the examination, arguing in court that her ability to conduct business had been affected by a stroke she suffered in January 2022.
The specifics of what prompted the guardianship effort had largely remained private after some records in the lawsuit were previously sealed by Simoneaux.
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