Free Motion to Appoint Guardian/Attorney ad Litem - District Court of California - California

Case 3:07-cv-02205-DMS-CAB

Document 17-4

Filed 04/07/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THOMAS R. GILL, ESQ. CSBN 061267 THE GILL GROUP, A.P.C. 6046 Cornerstone Ct. W., Suite 161 San Diego, California 92121 Tel: (619) 286-9393 Fax: (858) 695-1947 Attorney for Plaintiff GLEN R. HAGEN

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GLEN R. HAGEN, Plaintiff, v. NCR CORPORATION, Defendant.

Case No.: 07 CV 2205 DMS (CAB) AFFIDAVIT OF LISA A. DAVIDSON, Ph.D., IN SUPPORT OF MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR PROSECUTION OF ACTION PURSUANT TO FRCP 17(c) Date: Time: Judge: May 9, 2008 10:00 a.m. Hon. Cathy Ann Bencivengo

I, LISA A. DAVIDSON, Ph.D., have personal knowledge of the following facts, and if called upon could competently testify to the following:

BACKGROUND 1. 2. 3. I have been treating Plaintiff for the past two years. I am a licensed neuropyschologist. Plaintiff was evaluated by another neuropsychologist for purposes of

neuropsychological testing; his name is Mark McDonough, Ph.D. // // //
1 AFFIDAVIT OF LISA A. DAVIDSON, Ph.D. IN SUPPORT OF MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM 07 CV 2205 DMS (CAB)

Case 3:07-cv-02205-DMS-CAB

Document 17-4

Filed 04/07/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

I have been asked to provide an opinion regarding Plaintiff's ability to assist his

lawyer in the above referenced matter. My opinion appears below.

OPINION 5. Based upon my evaluations and Dr. McDonough's testing, I believe Plaintiff is

competent insofar as many everyday concerns. He is not a danger to himself and can manage affairs within defined parameters. 6. 7. McDonough. 8. For instance, Plaintiff's driver's license has been removed at the recommendation of However, Plaintiff sometimes requires overseeing due to memory lapses. Plaintiff's short-term memory loss has been verified through testing by Dr.

his neurologist, Mark N. Sadoff, M.D. 9. With respect to the complexities of a lawsuit, it is my opinion Plaintiff does not have

the capacity to keep in mind all aspects of his case, simultaneously, on all occasions, when assisting his counsel. 10. Therefore, I conclude Plaintiff cannot effectively assist counsel to the degree

necessary to ensure that the best interests of his case are protected.

RECOMMENDATION 11. As Plaintiff's treating neuropsychologist it is my recommendation that, although

Plaintiff has ongoing competencies, he cannot be relied upon in every instance as an effective assistant to Mr. Gill so as to protect his case. 12. 13. Therefore, I recommend a guardian ad litem be appointed to act for Plaintiff. However, I also recommend Plaintiff stay involved with his case to the extent he is

capable of participating. // // // // // //
2 AFFIDAVIT OF LISA A. DAVIDSON, Ph.D. IN SUPPORT OF MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM 07 CV 2205 DMS (CAB)

Case 3:07-cv-02205-DMS-CAB

Document 17-4

Filed 04/07/2008

Page 3 of 3

I

l,*. fr$thctr mf,

I eantle +f my fiutlrcr asei*tsncrin ccnneptisriwith my rccommsndatian if ar pluascdo rwr bsinte E contffit ie na+drd&sm a rffusp*ychat'ogiei Ftrspectivcs

7 {

4
t
g

r:n&rpar*tfy rffed#cy rrndsrthEbws qftLe UnitEd$rstestb* femgoingfu true
sfid corrrEtgfid

sxesr*;d thisEfu*Vof rn thisf,ffid*vitwlrc

April,200f,, Sen et Dicgo"

,*. Califtmia

T
tl I

l0
TI

tt

t3 14 13

16
tt

lff
rrt

20 7r
rrrl 4&

?3 71 25
JF

z7
?i

tu sueneer trFh4riif
.|itr LTTEM
0? cY }tttS phtE rc.AFr