Sumner Redstone: Media mogul's ex-girlfriend says 'cognitive impairment' made him call her a ‘b****’ in court

Manuela Herzer is fighting to claim $70 million from the 92-year-old after he struck her out of his will last year

The 92-year-old businessman said he wanted his daughter to decide on his treatment (AFP/Getty Images)

A woman who stands to gain around $70 million from the ailing media mogul Sumner M Redstone has vowed to prove that her former lover was mentally unwell when he cut her out of his fortune.

Los Angeles judge David Cowan weighed up dismissing the case after listening to a taped testimony of Mr Redstone calling Manuela Herzer a “f***ing b****” and that he wanted her “out of his life”.

Ms Herzer’s lawyers argued that the 92-year-old’s outburst might be due to “serious cognitive impairment” and that she is concerned for his mental wellbeing.

They also said aborting the trial after one day would be “a great disservice to Redstone’s best interests because, if his decisions are the product of mental illness or undue influence, the proceedings are not only reasonably necessary, but essential, to protect him,” as reported by the New York Times.

Mr Redstone is a director and controlling shareholder of CBS and Viacom, two of the world’s largest media companies.

Manuela Herzer pictured in October, the same month she was turfed out of Mr Redstone's mansion (Rex)

Ms Herzer, 52, was his companion and was in charge of his healthcare until last October, when Mr Redstone apparently changed his mind and ejected her from his mansion near Beverly Hills.

She was also struck off as his health care agent – the person to decide on his treatment should he become incapacitated. A further blow came when she stood to lose a fortune of $50 million, as well as the $20 million mansion.

Mr Redstone’s lawyer Robert Klieger argued that his client was in full command of his faculties when he turfed Argentinian-born Ms Herzer from his house. He added that she had tried to cut him off from family and friends, as well as his daughter Shari Redstone.

His interests are held in a trust created by his five grandchildren. The seven voting members of the trust include his daughter and Philippe P Dauman, the chief executive of Viacom, who have both sparred on how the money should be allocated.

Leading Ms Herzer’s case is Dr Stephen L Read, a psychiatrist who examined Mr Redstone in January. Mr Read said the businessman lacked decision-making capacity and failed to even identify a simple array of coloured shapes like circles and stars.