A judge in Los Angeles has cleared the way for Michael Jackson's mother and three children to go to trial on claims that the concert promoter for his planned "This Is It" tour was negligent in hiring and supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's 2009 death.
Los Angeles County, Calif., Superior Court Judge Yvette Palazuelos ruled on Feb. 27 that AEG Live LLC and its senior executives failed to prove on summary judgment that they had not hired Murray or that they had no reason to believe he would be an unfit physician. Murray was convicted in 2011 of administering a lethal dose of the anesthetic propofol to Jackson and is serving four years in prison.
"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," Palazuelos wrote in her order, which became public on March 1.
"Triable issues of fact exist as to whether it could have been foreseeable that Dr. Murray would engage in the exact behavior alleged here: Dr. Murray's provision of drugs which led to Decedent's death," she said.
Palazuelos, however, threw out additional claims for breach of contract based on a "special relationship" between AEG and Jackson created when both signed the "This Is It" tour contract. Jackson was hardly in AEG's thrall, she said, citing the promoter's reference to Jackson as "the greatest and most beloved entertainer in the world."
"The court does not necessarily disagree," she wrote. "So, given Decedent's status and experience, exerting strong financial pressure is insufficient alone to create undue risk of harm."
She also agreed with AEG that Murray was not an employee and, as such, could not ensure that Jackson would show up for rehearsals. "Assuming that is true, there is no evidence that Defendants exercised or could exercise any control over how (manner or means) that task was to be accomplished."
A trial on the negligence claim is scheduled for April 2.
"We actually have the cleanest, simplest cause of action for us to prove, which is simply that they were negligent in hiring and retaining, keeping on board, the man who's in prison for killing Michael Jackson," said Kevin Boyle of Panish, Shea & Boyle in Los Angeles, who represents Jackson's heirs.
"I am pleased the court dismissed AEG and Leiweke outright, and dismissed all but one of the remaining claims against the remaining defendants," said Marvin Putnam, a partner at O'Melveny & Myers in Los Angeles who represents the AEG defendants. "Michael Jackson's death was a tragedy, but as Friday's ruling and commonsense make clear, AEG was in no position to save Michael Jackson from his longtime battle with addiction."
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swr
Not even a child would ever believe that AEG didn't know about the atrocities that Murray was doing with Michael's health, and even less that they had no responsability on it. Because Michael's health was not a minor detail in the million-dollar project of 50 concerts AEG was engaged in. On the contrary, the whole business depended on Michael's health. Thus, the first thing they should have made sure was that Michael's health was IN THE BEST HANDS AND NOT IN MURRAY'S HANDS, WHICH WERE THE WORST HANDS. So no way anyone would ever believe that AEG did not know or care about WHO and HOW was treating Michael's health. In fact truth is that AEG hired Murray -THE WORST DOCTOR THEY COULD FIND- to kill Michael Jackson, because THE BIG BUSINESS did not depend on preserving Michael's health but, on the contrary, on KILLING MICHAEL for then, through a forged will, robbing him of his legacy. Thus, the whole world will be supporting Michael's mother, Mrs. Katherine Jackson, in this trial in her quest for Justice for her dearest son and our beloved Michael. And we'll be looking forward to having this AEG mafia convicted and punished with all the weight of the law
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swr
Not only the executives of AEG have to pay for their responsability in the murder of Michael Jackson but also: 1) the mafia of Sony, since both companies had plotted this crime together for then profiting from Michael's legacy after his death through a forged will; 2) John Branca and John McClain, the present executors of MJ Estate who are also associated to AEG and Sony and who, through a forged will, are illegaly running MJ Estate to benefit the interests of those two corrupt companies and those of their accomplices in the Government 3) All the corrupt members of the Police, System of Justice, Corporate Media, and Government who, at the moment of Michael's death and afterwards, covered up the crime by deleting all evidence (such as the footage of the surveillance cameras in Carolwood , thing which was never investigated), by distorting the reality of the facts, and by smearing and defaming Michael and his family. The whole world is aware of all the atrocities this big network of criminals committed against Michael and his family and thus, all the people throughout the world who stand by Justice and so stand by Michael and his family, will go on waiting until ALL OF THESE CRIMINALS BE BROUGHT TO JUSTICE, CONVICTED, AND PUNISHED WITH ALL THE WEIGHT OF THE LAW!
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