Introduction to the Lawsuit
A lawsuit filed by Robert Cary McNair, Jr., one of the sons of the owner of the Houston Texans, had sought to have his mother, Janice McNair, declared incapacitated and have a guardian appointed for her. The lawsuit was filed in November with probate court in Harris County. However, on Monday, February 26, lawyers for Cary McNair, along with others involved in the case, filed a motion in which they agreed to jointly drop the lawsuit.
Background of the Case
Janice McNair, 87, became the principal owner of the Texans after her husband, Robert “Bob” McNair, died in 2018. Cary McNair had filed the lawsuit to protect his mother, claiming that she was incapacitated and needed a guardian to control her personal, financial, and medical decisions. However, attorneys for Janice McNair and her son Cal McNair, who is chairman and CEO of the Texans, had previously pushed back on Cary McNair’s claims.
Rejection of Incapacitation Claims
Attorneys for Janice McNair and Cal McNair argued that Janice McNair was not incapacitated and did not need a guardian. They claimed that Cary McNair’s actions were an attempt to control his mother’s estate, rather than protect her. Jeremy Fielding, an attorney for Cary McNair, stated that the family made the joint decision to address these issues privately, and that Cary McNair’s concerns were about his mother’s health, not about controlling her estate.
Court Rulings and Outcome
Judge Jerry Simoneaux ruled earlier this month that Janice McNair would not have to undergo an independent exam to evaluate her mental capacity. Cary McNair’s attorneys had asked for the exam, arguing in court that her abilities to conduct business had been affected by a stroke she had in January 2022. Following this ruling, the lawsuit was dropped. The decision to end the lawsuit was seen as a victory for Janice McNair and her son Cal, who had opposed the guardianship effort.
Reaction from the Family
Cal McNair’s attorney, Paul Dobrowski, stated that Cal McNair was delighted that the lawsuit against his mother was dismissed. He added that Janice McNair would continue to be actively involved as founder and senior chairperson of the Houston Texans. The dismissal of the lawsuit brings an end to a potentially lengthy and costly legal battle, and allows the family to focus on supporting Janice McNair’s health and well-being.
Conclusion
The dismissal of the lawsuit against Janice McNair brings a sense of relief to the family and the Houston Texans organization. The case highlights the importance of respecting the autonomy and decision-making capacity of elderly individuals, while also ensuring their safety and well-being. The McNair family can now move forward, focusing on supporting Janice McNair’s health and well-being, and continuing to build on the legacy of the Houston Texans.
