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