Kirk Kerkorian’s widow can have access to some of his medical records for use in her claim to a third of the billionaire’s assets, amounting to about $600 million based on the estate’s $1.8 billion value at the time of his death, a Los Angeles Superior Court judge ruled Tuesday.
However, Judge Michael Small said he wants to further ponder the scope of the medical information to be released and its relevancy to the case brought by Una Davis.
Davis’ subpoenas includes demands for all medical documents related to Kerkorian from January 2010 — when he suffered a head injury — until his June 15, 2015, death in Beverly Hills at age 98, including written reports and MRIs, CAT scans and EKGs. Small said he is leaning toward ordering the production of only those documents that focus on Kerkorian’s congitive skills from January 2013 until July 2014.
The estate’s lawyers say in their papers that many of the documents Davis wants are not applicable to her claims. G. Jill Basinger, a lawyer for the estate, said it is “of no moment what his prostate exam revealed or his continence.” But the judge said information from Kerkorian’s urologist and gastroenterologist could be relevant if they made observations about Kerkorian’s mental awareness during his visits.
The estate’s lawyers also say Davis signed a waiver of marital rights in connection with her brief marriage to Kerkorian and that before his death, Kerkorian provided for Davis outside of his will by giving her $15 million. But Davis maintains she is an “omitted spouse” who is entitled to the same amount of money she would have received had Kerkorian died without a will.
Attorney Brendan Coughlin, on behalf of Davis, said all of the documents should be produced so that attorneys for the estate cannot decide on their own what should be turned over.
One of the Davis subpoenas is directed at Dr. Eric Esrailian, a gastroenterologist and full-time faculty member at the David Geffen School of Medicine at UCLA.
Kerkorian and Davis were married for 57 days before he asked her to leave his home, according to the estate’s lawyers.
Davis says she was pressured by those close to Kerkorian into signing a waiver to any interest she had before the two wed in 2014.
Kerkorian, who had been married three times previously, developed key properties on the Las Vegas Strip, including the MGM and MGM Grand. He also invested in and operated businesses in a number of industries, including airlines, automakers, Chrysler Corp., General Motors and film studios. He purchased MGM Studios three times, bought United Artists and tried to acquire Columbia Pictures.
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