THAT SETTLES IT

Effort to have guardian appointed for Houston Texans owner resolved

Effort to have guardian appointed for Houston Texans owner resolved
Janice McNair, left, and Cal McNair, right, opposed the lawsuit. Photo by Bob Levey/Getty Images.

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.

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The Guardians beat the Astros, 10-6. Photo by Luke Hales/Getty Images.

 Angel Martínez hit a grand slam off closer Josh Hader with two outs in the 10th inning to lift the Cleveland Guardians to a 10-6 win over the Houston Astros on Tuesday night.

José Ramírez and Brayan Rocchio also homered to help the Guardians beat the Astros for a second straight night after entering the series on a 10-game skid.

Out for a second inning after throwing a scoreless ninth and with a runner on starting on second, Hader (5-2) intentionally walked Ramírez before walking Carlos Santana to load the bases. Hader struck out pinch-hitter Johnathan Rodríguez before Martínez sent a sinker 344 feet, into the first row of the seats in left field to put the Guardians on top.

Cleveland closer Emmanuel Clase struck out one in a scoreless 10th to end it after Jakob Junis (2-1) struck out two in the ninth to earn the win.

Houston scored two runs in the eighth inning, with an RBI single from Jose Altuve, to tie it.

Altuve had two hits and drove in four runs, and rookie Cam Smith added three hits.

Houston starter Hunter Brown, who entered with an MLB-leading 1.82 ERA, yielded six hits and a season-high six runs in six innings.

There was one on with one out in the first when Ramírez homered for a second consecutive game, giving the Guardians a 2-0 lead.

The Astros cut the lead to 2-1 when Isaac Paredes scored on a sacrifice fly by Altuve in the bottom of the inning.

Rocchio doubled to start the third before scoring on a one-out double by Nolan Jones, making it 3-1. A two-out single by Daniel Schneemann scored two more, extending the lead to 5-1.

Altuve’s two-run double cut the lead to 6-3 with no outs in the fifth. Houston got within 6-4 when he scored on a sacrifice fly by Victor Caratini.

Cleveland starter Joey Cantillo allowed five hits and three runs with seven strikeouts in four-plus innings.

Key moment

The grand slam by Martínez into the Crawford Boxes.

Key stat

It’s the first time Cleveland has won back-to-back games since beating the Athletics June 21-22.

Up next

Houston LHP Brandon Walter (1-1, 4.15 ERA) opposes RHP Slade Cecconi (3-4, 3.56) when the series concludes Wednesday.

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