Wednesday, March 06, 2013

Summary: Judge's final order Jackson v. AEG Lawsuite

This is a Summary of the judges final order on Katherine Jackson vs AEG Lawsuite and the court documents are included. - There are no conspiracy to commit murder charges just negeligent hiring and supervision of Murray. This is a civil suite..., not a criminal lawsuite the only justice will be monetery. Was it worth it. Not in my opinion. Michael will be the ONE thrown under the bus by the Jacksons to make their claims and by AEG to defend themselves.   I see  no justice in that  ~ Qbee

Summary: Judge's final order Jackson v. AEG Lawsuite

Claims  (Those in bold will go forward in civil trial)

1. Breach of contract - dismissed at Summary Judgment Feb 27 2013
2. Negligent hiring, training, supervision -  the only triable claim
3. Negligent infliction of emotional distress - dismissed at Demurrer Feb 2 2011
4. Fraud and constructive fraud - dismissed at Demurrer Feb 2 2011
5. Respondent superior - dismissed at Summary Judgment Feb 27 2013


AEG Inc. - dismissed at Summary Judgment Feb 27 2013
Tim Leiweke - dismissed at Summary Judgment Feb 27 2013
Ortega - dismissed April 2011
AEG Live 
AEG Live Productions
Paul Gongaware
Randy Phillips

Breif Summary  and  court documents below

Claim 1 Breach of Contract - a., b., c. 

(a. Special Relationship)

Katherine argue AEG and MJ had a special relationship because AEG controlled all aspects of MJ's life including medical care, advisers, finances and financial future. However Katherine was not able to cite anything to back this up.

Also Katherine was unable to show that AEG had complete control over Michael's medical care as Katherine herself admitted that Michael saw other doctors even one week before his death. So the court rules there's no special relationship between AEG and Murray.

(b. Negligent undertaking)

Katherine claims AEG had two undertakings : undertake Michael's medical care and provide an assistant to Murray.

For the first one judge says Katherine could not provide any case law or prove it.  And as Michael was seeing other doctors,  so judge rules that AEG did not undertake Michael's medical care.

Judge rejects the undertaking for medical assistant as Katherine could not show it was asked for Los Angeles, Katie Jorrie testified the assistant was for London and the contract said Murray would choose the assistant - not AEG. 

(c. Simple Negligence) 

Katherine claims that AEG created a risk of harm to Michael.

Judge says financial interactions do not create a duty.  Judge also states given Michael's status (greatest entertainer with experience) exerting strong financial pressures is  insufficient to create an undue risk of harm.

Therefore Judge dismisses above Claim 1 Breach of Contract

Claim 2 - Negligent Hiring, Supervision and Training

AEG argues they did not hire Murray and could not foresee the risks Murray posed. 
Judge states there are triable issues.

Judge states  that even though the contract was not signed, a jury must decide if Murray and AEG had a oral or implied in fact contract. Communications, Murray's expenses being budgeted and so on is listed as evidence.

Judge makes a note that Michael retaining services of Murray before AEG hired him could be a factor in determining proportional damages and liability. 

AEG had argued that Murray was a licensed doctor and was not disciplined and Katherine argued they should have done a more detailed background check. 

Judge thinks this is a triable issue given that Gongaware had experience and knowledge about "tour doctors" and Michael's previous tours and "tour doctors". 

Judge also thinks whether Murray's debt could have been a reason to foresee if such doctor under strong financial pressure may compromise his oath. This is another triable issue.

Therefore the above claim will go to trial. 

Claim  3  Negligent infliction of emotional distress
Judge already dismissed at Demurrer Feb 2 2011

Claim 4  Fraud and constructive fraud 
Judge already  dismissed at Demurrer Feb 2 2011

Claim 5 Respondeat Superior

Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors. 

Katherine claims that AEG hired Murray in part to ensure that Michael attended rehearsals.

Judge says even this claim might be true, there's no evidence that AEG had any control over how Murray did that.

Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor. 

Therefore judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.

As Katherine failed to show any evidence that AEG had any control over how (manner or means) Murray did his job.

Therefore Judge dismisses above Claim 5 - Respondeat Superior

Court Documents

Judges Final order for the above claims

Final order about AEG Inc and Tim Leiweke. All claims against them dismisses

Judge's final order about sealing certain documents

Source -  IVY/MJJC

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