LA Judge orders new medical examination of CBS and Viacom head Sumner Redstone

By Staff Writer | Jan 23, 2016 10:28 AM EST

Los Angeles Superior Court Judge David J. Cowan ordered on Friday a new medical examination for Sumner Redstone as part of the legal health battle on the mental capacity of the CBS Corp. and Viacom Inc. head. 

WRAL reported that Jude Cowan demanded the doctor hired by Redstone's ex-girlfriend to evaluate the media mogul's mental and overall health. The judge based his decision on the suggestions of two doctors who said Redstone needs another examination from another doctor. The judge suggested that the medical evaluation should last up to at least an hour and shouldn't be attended by Redstone's regular doctor or the lawyer handling his case.

The Hollywood Reporter wrote that Redstone will be examined by Dr. Stephen L. Read, the psychiatrist who have diagnosed Redstone in the past saying the mogul has a "combination of ischemic cerebrovascular brain disease caused by respiratory difficulties and psychiatric disorders aggravated by the split with [ex-girlfriend Sydney] Holland."

The medical examination is scheduled within the next ten days. The hearing for the motion to dismiss the case is scheduled on February 29.

Manuela Herzer, the mogul's longtime partner raised concern about his decision-making capacity after she was removed from his house in October.

"Sumner asked Manuela, and she promised, to care for and protect him for the rest of his life," said Herzer's attorney, Pierce O'Donnell, "Today's victory is a major milestone in honoring her commitment."

According to the New York Times, Herzer's lawsuit filed in November describes the 92-year-old mogul as a "living ghost." However, Redstone's lawyers called the suit a "meritless action, riddled with lies." The attorneys representing the mogul filed a motion to dismiss Herzer's case.

Just last month, Judge Cowan didn't allow a geriatric psychiatrist to interview Redstone. However, on Friday, the judge suggests that medical examination is important to get both sides of the facts. The court reportedlu finds that ultimately it has to hear somehow from Redstone directly to make a ruling on sufficient evidence.

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