On Wednesday, court documents indicated that the attorney for Sumner Redstone's former girlfriend claimed that they should be granted to depose the media mogul since Redstone plans to testify at an upcoming trial over his mental competency.
According to the Hollywood Reporter, the health care lawsuit filed by Manuela Herzer over 92-year-old Redstone's mental capacity looked all but finished, but now comes a word that Redstone himself will appear in court to testify at the trial set in May. Redstone has participated in various neurological and psychiatric examinations that the Counsel intends to submit at the trial.
The petitioner has been informed that he will be testifying at the trial and the Counsel cannot have both ways. They said that Redstone's can choose to testify, but to not give a deposition is an abuse of the litigation process.
Reuters reported that the lawyers of Redstone argued in a different filing that he should not have to withstand an invasive deposition in order to preserve his right to appear at the trial. They emphasized that a serious speech impediment limits the ability of Redstone to testify orally, however, he could present his testimony in another form.
While the lawsuit centers on Redstone's personal life, it also raised doubts about succession planning and the fate of CBS and Viacom, two media companies which he controls. Analysts and investors pressed the companies, questioning whether Redstone could still serve as executive chairman. He remains the leader of the companies through his control of National Amusements, reports The New York Times.
Herzer's lawsuit challenged her removal last year as Redstone's health care agent in favor of Viacom's Chief Executive Philippe Dauman. While Herzer said in the suit that Redstone was a living ghost, Redstone's lawyers argued that he is fully conscious and aware of his actions.
Before Redstone changed his estate plan in October, Herzer had been set to inherit $70 million.
