Verdict Reached: AEG NOT Liable - Discussion- Katherine Jackson vs AEG

Final verdict

  • AEG liable

    Votes: 78 48.4%
  • AEG not liable

    Votes: 83 51.6%

  • Total voters
    161
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"Katherine Jackson has no regrets for suing AEG over Michael Jackson's death -- despite our sources who say she's having buyer's remorse -- her attorney tells TMZ.

A source close to Katherine bristled at our post, telling us, “Any reports that Katherine Jackson is feeling remorse for filing the wrongful death lawsuit are completely untrue. Mrs. Jackson feels the lawsuit is very important, and that so far it has proven that AEG did in fact hire Dr. Murray."

As we reported, our sources say Katherine felt pressured by Jermaine and Randy to file the case in the first place.

Katherine's lawyer says, "The lawsuit has also confirmed that Michael Jackson was an outstanding father, son, humanitarian, and human being. [Katherine] hopes that the lawsuit will change the way that entertainment companies treat their talent."

Fact is ... even though MJ was arguably pushed to the limit, the jury didn't feel AEG did anything wrong.

http://www.tmz.com/2013/10/07/kathe...e-michael-aeg-wrongful-death-lawsuit-remorse/
 
Juror#27;3915345 said:
I had a coworker who was prone to calling large women 'whales'. He'd say stuff like "Hey did that whale pick up her order yet?", and I would answer yes or no or whatever, but the fact that I didn't correct him doesn't mean that I agree with what he called them.

this shows your true colour. not sticking up for what is right or wrong. you basically admitted you allow people to bully their co-workers. no wonder u had no problem seeing it wasnt offensive to be called a freak/creepy, being slapped and yelled at because you accept that kind of behaviour. u might not agree with it, but you clearly allow that kind of behaviour to take place. wow

u should really study this quote: "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.”

ivy;3915346 said:
Thrill, you really should chill a little. You are given answers and explanations. You don't need to agree with them but please let's not turn this to a argumentative and rude exchange.


im not rude. im incredible frustrated with this specific juror who has shown obvious and incredible bias in his/her answers. i get she/he wanna explain why and how they voted, but the support he/she shows with aeg live is very telling and tiring.

the jurors had already made up their minds and the fact the juror foreman rushed to get the deliberations quick shows that.
 
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@thrill

you are being rude. and just the above reply to the juror is you being disrespectful and you are getting personal in comments. So before we start deleting your posts, I again recommend to chill and take a time out from this thread.
 
Juror27, again, your responses are extremely familiar. AEG drafted an employment contract and that is what the jurors found AEG did in question one.

The jurors depended on the contract for their verdict to question two and that contract had eight terminations clauses. Michael could only terminate the doctor THROUGH AEG as per clause 7.3. Michael was NOT allowed to terminate the doctor directly as per that contract. The contract that was relied upon by the jurors explicitly stated Michael was to receive the doctor’s care, NOT Michael’s children or anyone else.

Juror#27;3915005 said:
Yes they did. Gongaware also said that when it came to MJ, people thought he had more money than God. That it was very common for people to ask for excessive fees all the time in connection with working for MJ. I don't find that hard to believe, and if they were used to having people ask for excessive amounts of money when it came to MJ, I can't fault them for not viewing the initial $5M request as a red flag.

Anyone who asked for outrageous amounts of monies only because it was Michael Jackson attempted to fleece Michael Jackson. When that same logic is applied to the doctor who jurors found to be fit and competent as opposed to be negligent which would cause AEG to be held liable for negligent hiring, here is the reply:

Juror#27;3915345 said:
Because the mere act of asking for a large amount of money does not make a person unethical in my opinion, nor does it indicate a precursor for unethical behavior. I think that line of thinking is irresponsible and dangerous and I reject it wholeheartedly.
 
I am not making excuses for Klein because he comes up with some crazy things lately, but he was at one time an excellent doctor and I wonder if his behavior now has anything to do with being falsely accused.

Ha of my goodness, this is a good one. Thanks.
 
this shows your true colour. not sticking up for what is right or wrong. you basically admitted you allow people to bully their co-workers. no wonder u had no problem seeing it was offensive to be called a freak/creepy, being slapped and yellet at because you accept that kind of behaviour. u might not agree with it, but you clearly allow that kind of behaviour to take place. wow
It's pretty clear that you will not stop twisting things wildly to fit your preconceived notions. I've discussed with you in good faith but you have not reciprocated in kind. I won't waste my time further with you.

im not rude. im incredible frustrated with this specific juror who has shown obvious and incredible bias in his/her answers. i get she/he wanna explain why and how they voted, but the support he/she shows with aeg live is very telling.

the jurors had already made up their minds and the fact the juror foreman rushed to get the deliberations quick shows that.
I understand your frustration, but I think you are frustrated that the verdict didn't go the way you wanted it to and you appear to me to be allowing that emotion to prevent you from seeing this matter with any objectivity. I wish I could alleviate your frustration but in the process of trying to do so I am becoming frustrated myself.
 
Tygger;3915397 said:
Juror27, again, your responses are extremely familiar. AEG drafted an employment contract and that is what the jurors found AEG did in question one.

The jurors depended on the contract for their verdict to question two and that contract had eight terminations clauses. Michael could only terminate the doctor THROUGH AEG as per clause 7.3. Michael was NOT allowed to terminate the doctor directly as per that contract. The contract that was relied upon by the jurors explicitly stated Michael was to receive the doctor’s care, NOT Michael’s children or anyone else.
I'm sorry but you are wrong. The original boilerplate contract that Ms. Jorrie used had "producer" listed in the termination clauses. When she sent the draft contract to Murray, he reviewed it and told her to change "producer" to "artist". She agreed with that and changed it in subsequent drafts.

I don't know what else to tell you.

Tygger;3915397 said:
Anyone who asked for outrageous amounts of monies only because it was Michael Jackson attempted to fleece Michael Jackson. When that same logic is applied to the doctor who jurors found to be fit and competent as opposed to be negligent which would cause AEG to be held liable for negligent hiring, here is the reply:
You will never convince me that the act of asking for large sums of money means that a person is unethical or likely to be unethical. I will also not accept that a person in debt or foreclosure means that they are unethical or likely to be unethical. I find that view extremely troublesome.
 
you told the world the man that killed mj is competent and fit inspite mj detoriating for 8 weeks. that is on your conscience.
My conscience is as clean as a whistle, bro. You can hold that.
 
It's pretty clear that you will not stop twisting things wildly to fit your preconceived notions. I've discussed with you in good faith but you have not reciprocated in kind. I won't waste my time further with you.

Wise decision^^. Please stay because you will be a valuable asset to the group.

Elusive that twisting of the meaning of the answer for Question 2 may have begun with Nancy Grace. Someone posted her inteview with the jury foreman after the verdict. After the foreman explained Question 2 she twisted his words and I notice that same kind of statement posted by people in the thread.
 
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Your looking at things in hindsight not at the actual time it was taking place.

murray was fit for the job he was hired for. there was no evidence to suggest otherwise. he wasnt hired to give mj diprivan (not by aeg anyway)

you are going round in circles so ill join the above and not let this thread be derailed
 
Wondering what 27 thinks about the family dropping restitution inturn for going for the jackpot against aeg and what that says about the families motives for filing the suit as this is probably the one thing that has caused the biggest anger and outrage amongst the fan community although not the biggest surprise considering the jacksons actions to mj over the years
 
I agree with you that the correct course of action given what AEG knew at the time should have been to cancel or postpone the shows. But that is very easy to say for a person who has not invested over $30Million in the project. I would have liked to see some more compassion from the AEG side, but they are in a ruthless business and there is not a lot of room to fit compassion and caring into a for-profit venture. And I should point out that there were a lot of emails that did show care and concern for MJ coming from the AEG folks. They are not the heartless, soulless evil suits that so many want to paint them as. I just don't think it's fair to ignore that they did try to help and accommodate MJ and then turn around and say "well you should have done more, and it's your fault he's dead".


MJ's health was definitely a priority for them because without a healthy Michael there are no shows at all. Now you can say that they should have done more to keep him healthy, and my instincts tell me to agree with that, but how much more? At what point do AEG go from being a business partner to a parent? And why is it their duty to keep Michael healthy and not Michael's?

It's just my feeling that AEG was in a no-win situation. Were they supposed to force MJ into a hospital? For what ailment? They should have forcibly removed CM from MJ? How could they even do that? MJ and CM were a package deal and AEG had no authority or ability to remove CM from MJ's life.
Thanks for all your replies. I understand how you and the jury don't feel what aeg did or didn't do in may/june 09, doesn't rise to the level of liability in this lawsuit. It was a tough lawsuit for the plaintiffs to win and it was aeg's to lose, seeing the cause of mj's death was such an unusual occurrence - an o/d with a doctor present making foreseeability really difficult to prove.

I can't say i agree that aeg showed care and concern, when tii reached a crisis point on 19th june, it seemed phillip's main concern was to keep ortega onside to make sure the shows went ahead, rather than any concern as to what the matter with mj was. I agree with you that ortega seemed to be one of the few genuine ones around mj. It was telling that when asked about mj's petrified state at the press conf in london ortega replied that if he had known about it he wdn't have taken on the tour as he wd have recognised mj wasn't emotionally/psychologically ready, whereas randy's reaction was to slap and scream and increase the number of shows mj had to perform from 31 to 50.

juror#27 said:
If he was injecting himself with propofol every night without CM involved, I would say he is 100% to blame. Since CM was in the picture, I think that 100% is now shared between 2 people. How much blame on each side? Who knows. There isn't a formula for this type of thing. But seeing as how CM was doing what MJ wanted, and seeing as how CM wasn't qualified to be doing what he was doing, my gut tells me to just split the blame 50/50. I really don't know how else to see it.
Maybe by looking in detail at how mj died on 25 june? I'm just assuming here that you didn't closely follow the murray trial a couple of years back. This trial didn't dwell on murray's negligence, there seemed to me to be an emphasis on the asking of prop by mj being the key to his death rather than how it was administered. Aeg actually made that claim explicit which ticked me off in that it was mj's negligence that led to his own death, not the hiring/supervision of murray, the admin of prop being like russian roulette - at a certain point death was inevitable.

The facts at the murray trial actually showed the quite spectacular breaches in the standard of care that murray had for mj in order for him to die on 25 june - 17 egregious breaches of care. Such negligence that there was discussion in the da's office to prosecute the case as murder 2. It wasnt a series of unfortunate little incidents which added up to a horrible consequence - it was really quite massive violations which would be quite unexpected and inexplicable in a fit and competent general practioner doctor, never mind an anaesthesiologist - it made me wonder why aeg didn't fight the case on foreseeability alone rather than blaming mj. The absence of any written record of what drugs mj had been given and when, the leaving of mj's bedroom for up to an hour whilst mj under a prop drip so murray cd make non urgent social phonecalls , no monitoring equipment whatsoever, long delay in phoning 999, lying to paramedics and hosp staff about what had been given to mj. Mj had the right like we all have to expect basic standard of care and competence from his doc, what went wrong on 25 june was not a complicated set of circs only an anaesthesiologist cd overcome, mj cd prob have been saved by a pair of eyes seeing he needed a chin lift to unblock his airway. I honestly think you would reconsider your 50/50 split between mj/murray if you knew the details.
 
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Mod note: Thread cleaned & any similar posts will be deleted as well.
 
ok but as times pass and mjs health is detoriating, was he fit and competent????

they see mj detoriating and what do they think??? what made kenny to believe it was dr murrays treatment that affected mjs health? kenny alerts aeg but they tell him the doctor is a good guy.

im sorry but if i have a personal doctor with me who is suppose to help me but im getting weaker and weaker, isnt that an alarm that something is wrong and that its the DOCTOR causing it????



mj is detoriating for 8 weeks, has a meeting with aeg and murray where they basically tell mj to get it together and are concerned about whats going on. im sure oth mj and murray knew they needed to improve or they would cancel the shows which leads to mj being pressured and murray being afraid he will lose his $150,000. so mj comes back in great shape for TWO days only and all is good???




Then, why MJ didn't do anything about it? He is the one who knew best about his own health?
 
I'm sorry dude but you are flat out wrong. The original boilerplate contract that Ms. Jorrie used had "producer" listed in the termination clauses. When she sent the draft contract to Murray, he reviewed it and told her to change "producer" to "artist". She agreed with that and changed it in subsequent drafts.

I don't know what else to tell you.

The below is the contract the doctor signed. This is what was admitted into evidence and what the jurors based their verdict on. NOWHERE in that contract does it state the artist could terminate the doctor WITHOUT going through the producer. It also does not mention the doctor caring for anyone else besides Michael.

http://www.psblaw.com/wp-content/uploads/2013/06/Exhibit-168-Aegl-127388-127393.pdf


You will never convince me that the act of asking for large sums of money means that a person is unethical or likely to be unethical. I will also not accept that a person in debt or foreclosure means that they are unethical or likely to be unethical. I find that view extremely troublesome.

I am not attempting to change anyone's thoughts or views as the verdict will remain unchanged unless an appeal is sought and is successful. I simply re-quoted two replies that are conflicting.
 
If I've offended anyone here with anything I've said I apologize sincerely as that was not my intention at all.

I really did not intend to cause any problems here, and I do hope to stick around for a while. I was apprehensive about posting at first but I did so with no other intention than to give some insight as to what we saw on the jury and to let you all know that we came away from the trial with so much admiration for Michael the person.

I always prefer direct information over speculation if it is available to me, and that is all I wanted to provide here. I understand there will be disagreements about the verdict and I don't mind that or take that personally, but calling my character or conscience into question is completely uncalled for and I refuse to engage in that kind of discussion.

Thanks for all your replies. I understand how you and the jury don't feel what aeg did or didn't do in may/june 09, doesn't rise to the level of liability in this lawsuit. It was a tough lawsuit for the plaintiffs to win and it was aeg's to lose, seeing the cause of mj's death was such an unusual occurrence - an o/d with a doctor present making foreseeability really difficult to prove.

I can't say i agree that aeg showed care and concern, when tii reached a crisis point on 19th june, it seemed phillip's main concern was to keep ortega onside to make sure the shows went ahead, rather than any concern as to what the matter with mj was. I agree with you that ortega seemed to be one of the few genuine ones around mj. It was telling that when asked about mj's petrified state at the press conf in london ortega replied that if he had known about it he wdn't have taken on the tour as he wd have recognised mj wasn't emotionally/psychologically ready, whereas randy's reaction was to slap and scream and increase the number of shows mj had to perform from 31 to 50.
I agree with this. Like I said, I don't think Phillips is a saint. But I also don't think it's fair to hold everyone to the Kenny Ortega standard either. He is a pretty special guy.

Maybe by looking in detail at how mj died on 25 june? I'm just assuming here that you didn't closely follow the murray trial a couple of years back. This trial didn't dwell on murray's negligence, there seemed to me to be an emphasis on the asking of prop by mj being the key to his death rather than how it was administered. Aeg actually made that claim explicit which ticked me off in that it was mj's negligence that led to his own death, not the hiring/supervision of murray, the admin of prop being like russian roulette - at a certain point death was inevitable.

The facts at the murray trial actually showed the quite spectacular breaches in the standard of care that murray had for mj in order for him to die on 25 june - 17 egregious breaches of care. Such negligence that there was discussion in the da's office to prosecute the case as murder 2. It wasnt a series of unfortunate little incidents which added up to a horrible consequence - it was really quite massive violations which would be quite unexpected and inexplicable in a fit and competent general practioner doctor, never mind an anaesthesiologist - it made me wonder why aeg didn't fight the case on foreseeability alone rather than blaming mj. The absence of any written record of what drugs mj had been given and when, the leaving of mj's bedroom for up to an hour whilst mj under a prop drip so murray cd make non urgent social phonecalls , no monitoring equipment whatsoever, long delay in phoning 999, lying to paramedics and hosp staff about what had been given to mj. Mj had the right like we all have to expect basic standard of care and competence from his doc, what went wrong on 25 june was not a complicated set of circs only an anaesthesiologist cd overcome, mj cd prob have been saved by a pair of eyes seeing he needed a chin lift to unblock his airway. I honestly think you would reconsider your 50/50 split between mj/murray if you knew the details.
You are correct that I didn't follow the Murray trial and those details about how Michael died were unknown to me.

I don't believe that MJ taking propofol to sleep was something he did under the impression that it was safe. He was warned repeatedly about and knew full well the dangers of using propofol in an inappropriate manner. So MJ is at least 1% responsible for his death. That seems absurdly low to me considering that he knew he was requesting something that was illegal, unethical, and highly dangerous.

Taking your points into consideration about what CM actually did that morning I do agree that he should hold the majority of responsibility for MJ's death. Whether that amount should be 60 or 75% or whatever seems impossible for me to resolve on my own.

I will say that I had no idea CM was sentenced to only 4 years until I heard it towards the end of the trial, and I damn near fell out of my chair. Even if I were to assign CM 50% of the blame, I would still have given him life in prison. That sentence and the fact that he is getting out in a few weeks is unbelievable to me.
 
If I've offended anyone here with anything I've said I apologize sincerely as that was not my intention at all.

I really did not intend to cause any problems here, and I do hope to stick around for a while. I was apprehensive about posting at first but I did so with no other intention than to give some insight as to what we saw on the jury and to let you all know that we came away from the trial with so much admiration for Michael the person.

I always prefer direct information over speculation if it is available to me, and that is all I wanted to provide here. I understand there will be disagreements about the verdict and I don't mind that or take that personally, but calling my character or conscience into question is completely uncalled for and I refuse to engage in that kind of discussion.


I agree with this. Like I said, I don't think Phillips is a saint. But I also don't think it's fair to hold everyone to the Kenny Ortega standard either. He is a pretty special guy.


You are correct that I didn't follow the Murray trial and those details about how Michael died were unknown to me.

I don't believe that MJ taking propofol to sleep was something he did under the impression that it was safe. He was warned repeatedly about and knew full well the dangers of using propofol in an inappropriate manner. So MJ is at least 1% responsible for his death. That seems absurdly low to me considering that he knew he was requesting something that was illegal, unethical, and highly dangerous.

Taking your points into consideration about what CM actually did that morning I do agree that he should hold the majority of responsibility for MJ's death. Whether that amount should be 60 or 75% or whatever seems impossible for me to resolve on my own.

I will say that I had no idea CM was sentenced to only 4 years until I heard it towards the end of the trial, and I damn near fell out of my chair. Even if I were to assign CM 50% of the blame, I would still have given him life in prison. That sentence and the fact that he is getting out in a few weeks is unbelievable to me.

Murray will be released next month after only 2 years.
 
so juror27 is gonna be a permanent member or are we having him/her for a short visit? :)
Good question. I hoping Juror #27 will stay. but I wouldn't blame him if he doesnt based on the blatant rude and disrespectful insults and attacks on his character and integrity because his opinion and view. I'm personally pulling posts in for review by the staff and owner right now. So yes I will say some visits to this forum will Definitely be shortened. Not for their views on this trial one way or the other but for blatant disrespect toward our members, toward MJJC staff and the rules and guidelines for posting on MJJC. That's a promise from me. (We do not allow that here) and I will keep that promise to protect the integrity of this board and ALL our members regardless of their views from being insulted, attacked and treated this way.
 
To Juror 27: I have sort of a two part question for you
1. Do you think the jury could have reached the same verdict given the facts
determined in the contract between AEG/Murray without the many weeks spent by
both sides exposing Michael's private medical records? Was his struggles with pain
issues related to his burn, skin condition...etc. necessary information for you to
hear in order to reach the verdict you did?

And 2. Was it noticed by the jury that there was a large span of time, probably
2003-2009 that was barely addressed during trial, if at all. Did you wonder why
testimony focused on 20, 10 years ago but not the immediate years before his death;
or did it matter?
 
The below is the contract the doctor signed. This is what was admitted into evidence and what the jurors based their verdict on. NOWHERE in that contract does it state the artist could terminate the doctor WITHOUT going through the producer. It also does not mention the doctor caring for anyone else besides Michael.

http://www.psblaw.com/wp-content/uploads/2013/06/Exhibit-168-Aegl-127388-127393.pdf
You are correct. My apologies for saying you were wrong. I was mistaken with other clauses which had their language changed.

It seems clear to me that the reason he would be terminated by producer is because the agreement is between the producer and CM. How would Michael have any legal authority to void a contract between Murray and AEG? That's why they have that provision in there in the first place, because he is only being hired at the request of the artist.

Are you saying that if MJ said he wanted Murray gone, that AEG would have held this contract up to him and forced CM to keep treating him?
 
To Juror 27: I have sort of a two part question for you
1. Do you think the jury could have reached the same verdict given the facts
determined in the contract between AEG/Murray without the many weeks spent by
both sides exposing Michael's private medical records? Was his struggles with pain
issues related to his burn, skin condition...etc. necessary information for you to
hear in order to reach the verdict you did?
On one hand, no I don't think it was necessary for us to hear that to reach the verdict we did. That stuff gave a backstory, but it wasn't relevant to the questions we were asked to answer.

On the other hand that evidence was some of the strongest as far as garnering sympathy for MJ's struggles. I was completely unaware of the procedures they performed on Michael to heal the burn scars. Good lord that balloon implant stuff sounded so painful. I didn't know that he had that fall where he hurt his back in (Munich?).

I never believed MJ was a junkie like so many people say, and that evidence made it clear to us that he was indeed not one and was trying to deal with unimaginable pain.

And 2. Was it noticed by the jury that there was a large span of time, probably
2003-2009 that was barely addressed during trial, if at all. Did you wonder why
testimony focused on 20, 10 years ago but not the immediate years before his death;
or did it matter?
We definitely noticed that big chunk of time that was not focused on, but from what we heard it seemed Michael left the country in '05 or so? I'm not too sure on the dates but that is the impression I got, that he was just not around much in that time period. We did get a lot of '02-'03 testimony from the doctors who were seeing him in Santa Barbara during that time, Dr. Farshchian from Florida, from Randy talking about staging interventions, Mr. LaPerruque who was traveling with Michael during that time and also at Neverland, etc.

It just seemed to me that after the '05 trial MJ went away for awhile until around '07-'08.
 
I personally would not believe a word that Randy Jackson says, just sayin'.
 
It seems that unless Michael was touring, when he was out of LA or visiting other families, he slept better, like with the Cascios, in Ireland, ....
 
I can't imagine being a juror. It must be really hard because you just want to come to the right decision. I think we should all appreciate juror#27 coming here and talking to us and explaining the thought process of the jury. Especially when you know some people will not agree with your decision. Thank you.
 
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