7/13/11 Appellate Court Rules in Toral Garcia Battista’s Favor

After 4 years which involved arguments at the trial court, appellate court, and remand to the trial court, Toral Garcia Battista prevailed in its representation of a traumatically brain injured 18 year old. Due to the nature of the injury, the 18 year old’s mom executed the contingency fee contract with Toral Garcia Battista on behalf of her son. The trial court appointed a guardian ad litem for the son who argued that mom had no power to sign the contract with our firm on her adult son’s behalf. The trial court removed Toral Garcia Battista as Counsel of Record.

On appeal, the Second District reversed the trial court’s order finding that the Civil Rules of Procedure specifically provide that a mother, as the next of kin, can execute a contract on behalf of her adult child that is incapacitated or otherwise unable to do so. On remand, the trial court was instructed to confirm that the contract was reasonable and that it was necessary for the mom to retain an attorney on behalf of the incapacitated plaintiff. The trial court found that the above two elements were met, thus confirming that the mom was the proper person to execute the contract and that Toral Garcia Battista was the properly retained firm on behalf of the incapacitated plaintiff.