Sides sue after Sumner Redstone’s health-care case tossed

  • By Ryan Nakashima Associated Press
  • Monday, May 9, 2016 1:18pm
  • Business

LOS ANGELES — The battle over the fortune of ailing media mogul Sumner Redstone shifted to a new front Monday after a judge threw out the case over his medical care and both sides targeted each other with new $100 million-plus lawsuits.

The 92-year-old who controls CBS Corp. and Viacom Inc. clearly stated his intentions in videotaped testimony last week, Los Angeles Superior Court Judge David J. Cowan ruled. Redstone said in a profanity-laced deposition that he wanted his daughter, Shari, to make medical decisions for him if he is incapacitated and that he no longer wanted former girlfriend Manuela Herzer in his life.

Herzer filed a petition last year contending that Redstone lacked the mental capacity to expel her from his home and could no longer make informed decisions. She said he was manipulated by his nursing staff and Shari Redstone.

Cowan didn’t rule on Redstone’s mental capacity or whether he suffered undue influence. He simply said the court didn’t need to get involved once Redstone made his intentions clear.

The businessman has a serious speech impediment, relies on a feeding tube and requires 24-hour care, but his doctor has not declared him incapacitated.

Herzer’s lawyer, Pierce O’Donnell, told reporters outside court that his client would appeal and file a new suit for $100 million — this time against Shari Redstone for interfering with Herzer’s expected inheritance and invasion of privacy. She alleges the daughter had set up a “spy network” using her father’s nurses to help her dislodge Herzer from Sumner Redstone’s life.

“It was an orchestrated, devious campaign to take over her father and his empire,” O’Donnell said.

Shari Redstone said a statement Monday that she was grateful the court ended case.

“I am so happy for my father that he can now live his life in peace, surrounded by his friends and family,” she said.

Sumner Redstone’s legal team, which left the courtroom without speaking to reporters, said in a statement that it would now sue to reclaim $150 million Redstone gave Herzer and another former girlfriend, Sydney Holland.

“Ms. Herzer bet wrong when she assumed that Mr. Redstone’s difficulty communicating would result in her reinstatement in his life and fortune,” said his lawyer, Robert N. Klieger.

Redstone’s attorneys sought to dismiss the case during the first day of a competency trial that began Friday.

Herzer’s lawyers had argued that the judge should hear further testimony to keep Sumner Redstone’s best interests in mind and consider whether his testimony — in which he called Herzer a two-word expletive and said he no longer loved her — had been coached.

Redstone’s attorneys noted that Herzer’s medical expert, Dr. Stephen Read, acknowledged that Redstone understood what he was doing when he threw Herzer out of his life in October. Read also testified that he believed Redstone had a serious case of dementia.

The judge said Friday that Redstone’s video testimony, which was recorded Thursday at his home, was compelling but asked attorneys for both sides to explain their best evidence in motions filed over the weekend. The video was sealed but a transcript was provided.

———

Associated Press

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Business

Black Press Media operates Sound Publishing, the largest community news organization in Washington State with dailies and community news outlets in Alaska.
Black Press Media concludes transition of ownership

Black Press Media, which operates Sound Publishing, completed its sale Monday (March 25), following the formerly announced corporate restructuring.

Maygen Hetherington, executive director of the Historic Downtown Snohomish Association, laughs during an interview in her office on Thursday, Feb. 15, 2024, in Snohomish, Washington. (Ryan Berry / The Herald)
Maygen Hetherington: tireless advocate for the city of Snohomish

Historic Downtown Snohomish Association receives the Opportunity Lives Here award from Economic Alliance.

FILE - Washington Secretary of State Steve Hobbs poses in front of photos of the 15 people who previously held the office on Nov. 22, 2021, after he was sworn in at the Capitol in Olympia, Wash. Hobbs faces several challengers as he runs for election to the office he was appointed to last fall. (AP Photo/Ted S. Warren, File)
Secretary of State Steve Hobbs: ‘I wanted to serve my country’

Hobbs, a former Lake Stevens senator, is the recipient of the Henry M. Jackson Award from Economic Alliance Snohomish County.

Mark Duffy poses for a photo in his office at the Mountain Pacific Bank headquarters on Wednesday, Feb. 14, 2024 in Everett, Washington. (Annie Barker / The Herald)
Mark Duffy: Building a hometown bank; giving kids an opportunity

Mountain Pacific Bank’s founder is the recipient of the Fluke Award from Economic Alliance Snohomish County.

Barb Tolbert poses for a photo at Silver Scoop Ice Cream on Thursday, Feb. 29, 2024 in Arlington, Washington. (Annie Barker / The Herald)
Barb Tolbert: Former mayor piloted Arlington out of economic brink

Tolbert won the Elson S. Floyd Award, honoring a leader who has “created lasting opportunities” for the underserved.

Photo provided by 
Economic Alliance
Economic Alliance presented one of the Washington Rising Stem Awards to Katie Larios, a senior at Mountlake Terrace High School.
Mountlake Terrace High School senior wins state STEM award

Katie Larios was honored at an Economic Alliance gathering: “A champion for other young women of color in STEM.”

The Westwood Rainier is one of the seven ships in the Westwood line. The ships serve ports in the Pacific Northwest and Northeast Asia. (Photo provided by Swire Shipping)
Westwood Shipping Lines, an Everett mainstay, has new name

The four green-hulled Westwood vessels will keep their names, but the ships will display the Swire Shipping flag.

A Keyport ship docked at Lake Union in Seattle in June 2018. The ship spends most of the year in Alaska harvesting Golden King crab in the Bering Sea. During the summer it ties up for maintenance and repairs at Lake Union. (Keyport LLC)
In crabbers’ turbulent moment, Edmonds seafood processor ‘saved our season’

When a processing plant in Alaska closed, Edmonds-based business Keyport stepped up to solve a “no-win situation.”

Angela Harris, Executive Director of the Port of Edmonds, stands at the port’s marina on Wednesday, Jan. 24, 2024, in Edmonds, Washington. (Ryan Berry / The Herald)
Leadership, love for the Port of Edmonds got exec the job

Shoring up an aging seawall is the first order of business for Angela Harris, the first woman to lead the Edmonds port.

The Cascade Warbirds fly over Naval Station Everett. (Sue Misao / The Herald file)
Bothell High School senior awarded $2,500 to keep on flying

Cascade Warbirds scholarship helps students 16-21 continue flight training and earn a private pilot’s certificate.

Rachel Gardner, the owner of Musicology Co., a new music boutique record store on Thursday, Jan. 18, 2024 in Edmonds, Washington. Musicology Co. will open in February, selling used and new vinyl, CDs and other music-related merchandise. (Olivia Vanni / The Herald)
New Edmonds record shop intends to be a ‘destination for every musician’

Rachel Gardner opened Musicology Co. this month, filling a record store gap in Edmonds.

MyMyToyStore.com owner Tom Harrison at his brick and mortar storefront on Tuesday, Sept. 6, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Burst pipe permanently closes downtown Everett toy store

After a pipe flooded the store, MyMyToystore in downtown Everett closed. Owner Tom Harrison is already on to his next venture.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.