Michael A. Willner, individually and as guardian, son, and/or next friend of Joyce C. Willner v. South County Hospital

Syllabus

The plaintiff, Michael Willner, appealed from a Superior Court judgment in favor of the defendants, South County Hospital, Home & Hospice Care of Rhode Island, and Emmy A. Mahoney, M.D., dismissing all claims alleged by the plaintiff on behalf of the Guardianship of Joyce C. Willner. The trial justice ruled that the plaintiff, who was not authorized to practice law in Rhode Island, could not represent the Guardianship, and ordered him to retain counsel for the Guardianship. The plaintiff failed to comply with that order, and the trial justice ultimately dismissed the claims alleged by the plaintiff on behalf of the Guardianship. On appeal, the plaintiff argued that the trial justice erred in dismissing the claims brought on behalf of the Guardianship. The plaintiff argued that Joyce Willner had a right to represent herself pro se through the plaintiff, and she was deprived of that right, in violation of her constitutional right to due process. The plaintiff also argued, in the alternative, that the trial justice erred in denying his request to appoint a guardian ad litem under Rule 17(c) of the Superior Court Rules of Civil Procedure. The Supreme Court held that the trial justice did not err in dismissing the claims alleged by the plaintiff on behalf of the Guardianship because, although Joyce Willner had a right to represent herself pro se, she could not exercise that right through the plaintiff because he was not authorized to practice law in Rhode Island. The Court also held that the trial justice did not err in denying the plaintiff's request to appoint a guardian ad litem because Rule 17(c) applies to individuals who are not otherwise represented, whereas Joyce Willner had been represented by the plaintiff as her guardian for the duration of the litigation in this case. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.