Foster v. Williams

This appeal poses a single question which may be stated as follows: In a tort action for personal injuries to both the husband and the wife, after it has been unequivocally demonstrated that the husband is incompetent and no guardian ad litem has been appointed for him, is it necessary to dismiss the husband’s cause of action upon defendant’s motion therefor? Our answer to this question is in the negative.

This case arose as a result of an auto accident in which both Mr. and Mrs. Foster, plaintiffs-respondents, were injured. Mr. Foster sustained injuries so severe that he was unable to write,…