Justice Alexander Hunter Jr.
Defendant church sought to dismiss plaintiffs’ complaint for lack of capacity ab initio. It also sought to appoint a court-designated administrator to serve as Vasiliki Milonas’ guardian ad litem in this personal injury action. Milonas allegedly sustained injuries after falling and hitting her head on the steps of the church. She subsequently lapsed into a coma and remained unresponsive. Milonas’ daughter applied to act as her guardian ad litem, but the petition was denied due to a failure to assert facts establishing the daughter’s financial resources to answer for any damages that may arise from any dereliction in the prosecution of Milonas’ action. The court noted there existed a triable issue of fact of Milonas’ capacity at the time the instant suit was commenced. As such, the church’s motion for dismissal of plaintiffs’ action for lack of capacity, ab initio, was denied. Further, the court found the record reflected Milonas could not adequately prosecute or defend her rights due to her advanced age and medical condition, noting Milonas’ doctor stated she required a guardian ad litem. The court appointed Socorro to appear as Milonas’ guardian ad litem, granting defendant’s motion appointing an administrator to serve as guardian ad litem.
