Henderson ex rel. Henderson v. Illinois Central Gulf Railroad

MADDOX, Justice.

This appeal questions the validity of the settlement of a personal injury claim entered into by the plaintiff’s guardian and next friend, Barbara H. Henderson, and the defendant, Illinois Central Gulf Railroad Company.

Plaintiff, Frederic L. Henderson, was a passenger in an automobile which collided with a train on November 14, 1975. As a result of the severe injuries he sustained in the accident, Henderson was declared a non compos mentis. His wife, Barbara Henderson, was appointed as guardian and she filed this suit on January 23, 1976.

The case was set for trial on October…