THAT SETTLES IT
Effort to have guardian appointed for Houston Texans owner resolved
Feb 27, 2024, 11:22 am
THAT SETTLES IT
A lawsuit filed by one of the sons of the owner of the Houston Texans that had sought to have her declared incapacitated and have a guardian appointed for her was dropped on Monday, February 26.
Robert Cary McNair, Jr. had filed his application for appointment of a guardian for Janice McNair, 87, in November with probate court in Harris County.
But on Monday, lawyers for Cary McNair, along with others involved in the case, filed a motion in which they agreed to jointly drop the lawsuit.
News of the end of the case was first reported by the Houston Chronicle. Jeremy Fielding, an attorney for Cary McNair, told the newspaper the family made the joint decision to address these issues privately. Fielding said Cary McNair is concerned about his mother’s health and he had filed the lawsuit to protect his mother and not to “control her estate, as his brother Cal has incorrectly suggested.”
Attorneys for Janice McNair and her son Cal McNair, who is chairman and CEO of the Texans, had previously pushed back on Cary McNair’s claims that the elder McNair was incapacitated or needed a guardian to control her personal, financial, and medical decisions. Janice McNair became the principal owner of the Texans after her husband, Robert “Bob” McNair, died in 2018.
“Cal McNair is delighted that the frivolous lawsuit against his mother, Janice McNair, was dismissed today. He is relieved that she will not be burdened by an unnecessary medical examination nor placed under a repressive guardianship that would restrict her rights. She will continue to be actively involved as founder and senior chairperson of the Houston Texans,” Paul Dobrowski, Cal McNair’s attorney, said in a statement.
The decision to end the lawsuit came after Judge Jerry Simoneaux ruled earlier this month that Janice McNair would not have to undergo an independent exam to evaluate her mental capacity. Cary McNair’s attorneys had asked for the exam, arguing in court that her abilities to conduct business had been affected by a stroke she had in January 2022.
Details of what had prompted the guardianship effort had mostly remained private after some records in the lawsuit were previously ordered sealed by Simoneaux.
Houston Astros slugger Yordan Alvarez has a strained muscle at the top of his right hand, a diagnosis that instills optimism he won’t have a prolonged stay on the injured list.
The three-time All-Star went on the 10-day injured list Monday, retroactive to Saturday, and returned to Houston for an MRI that revealed the muscle strain.
“We look at it as good news,” Astros manager Joe Espada said before their Wednesday afternoon game with the Milwaukee Brewers.
Espada expressed hope that Alvarez wouldn’t have to stay on the injured list longer than the required 10 days. He also said the hand issue may have played a role in Alvarez’s slow start.
Alvarez, 27, is hitting .210 with a .306 on-base percentage, three homers and 18 RBIs in 29 games this season. He batted .308 with a .392 on-base percentage, 35 homers and 86 RBIs in 147 games last year while ranking ninth in the AL Most Valuable Player balloting.
He has posted an OPS of at least .959 and has finished 13th or higher in the MVP voting each of the last three seasons.
“Once he heals, once he gets back, I think we’ll see a more aggressive at bat and be not as cautious,” Espada said. “I think it had something to do with it, yes.”
His potential return could go a long way toward boosting an Astros lineup that hasn’t been as productive as usual this season. The Astros entered Wednesday’s action ranked 21st in the majors in runs (136) and 23rd in OPS (.676). Houston has ranked 11th or better in both those categories each of the last four seasons.