New Trial Denied In Michael Jackson Wrongful Death Suit
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Law360, Los Angeles (January 14, 2014, 4:02 PM ET) -- A California state judge on Monday rejected a request from Michael Jackson’s family for a new trial to determine if concert promoter AEG Live LLC was liable for his death by negligently employing the doctor who gave the music icon a fatal dose of the powerful anesthetic propofol.
Judge Yvette M. Palazuelos ruled that her jury instructions were not confusing and accurately represented California law covering negligence. Jackson’s mother and three children argued that one of the jury questions, asking if Dr. Conrad Murray was “unfit or incompetent to perform the work for which he was hired,” led jurors to believe the question only concerned his fitness at the time of his hiring.
The question prevented the jury from finding that AEG was negligent in retaining Murray if he became unfit later, the Jacksons argued. The fitness question also came after a question asking if AEG actually hired Murray, further tying the fitness question in juror’s minds to the start of employment, according to the Jacksons.
But Judge Palazuelos held that the questions were clear and did not limit the jurors from considering Murray’s fitness at any point in his employment.
“It does not ask if Dr. Murray was unfit or incompetent at the time he was hired,” the opinion said. “Question 2 does not restrict jurors to the consideration of Dr. Murray’s competence at the time of hiring only.”
The Jacksons had argued that it had objected to the question and asked for the phrase “at any time” to be added. While both sides argued over whether the objection was valid, Judge Palazuelos ruled that even if the Jacksons had properly upheld their objection, the phrase would have made the question inaccurate.
The phrase “may have resulted in jury consideration of a time frame before AEG Live had hired Dr. Murray or before it had ever had contract with Dr. Murray, or after decedent had died,” the opinion said.
The opinion leaves in place the jury’s October verdict for AEG in the wrongful death case. The Jackson family asked for $1.5 billion in damages, based on their expert's estimate of what Jackson would have earned from new music, tours, endorsements and a Las Vegas show if he had lived.
The Los Angeles Superior Court jury, which deliberated for less than three days, answered “Yes” to the first question on the verdict form, “Did AEG Live hire Dr. Conrad Murray?” but “No" to the following question, “Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?”
The panel had to answer “Yes” to a total of five questions for AEG to be found liable for Jackson's June 25, 2009, death at his home in the Holmby Hills neighborhood of Los Angeles.
A criminal jury in November 2011 convicted Murray of involuntary manslaughter in Jackson's death.
Jackson's family alleged that by paying the financially distressed Murray $150,000 per month to make sure Jackson performed the concerts it was promoting, AEG created a conflict of interest that caused Murray to make poor medical decisions including administering the fatal overdose.
Monday’s decision also rejected the Jacksons’ argument that the court erred in rejecting their request to add a general negligence claim to their amended complaint. Murray’s employment was the alleged interference with Jackson’s health, the court held, and any general negligence claims would either be duplicative of negligent hiring, supervision and retention claims, “a disguised version of it, or too attenuated to be a free-standing cognizable cause of action.”
An attorney for the Jacksons said they planned to appeal the jury’s decision.
“We have many strong arguments for the appeal in addition to a confusing verdict form — including that we were not permitted to go to the jury on general negligence or on the question of whether AEG employed Dr. Murray and was therefore vicariously liable for his actions,” Kevin Boyle of Panish Shea & Boyle LLP said.
AEG’s lawyers said they were pleased with the ruling.
“We were confident that the court would uphold the jury’s verdict, the product of five months of their careful focus and attention,” Marvin S. Putnam of O’Melveny & Myers LLP said. “This is also fantastic news for the taxpayers of California, who won’t have their hard-earned money wasted retrying plaintiffs’ baseless claims. Enough is enough.”
The plaintiffs are represented by Brian J. Panish, Kevin R. Boyle, Deborah Chang and Robert S. Glassman of Panish Shea & Boyle LLP and Michael Koskoff of Koskoff Koskoff & Bieder PC.
AEG Live is represented by Marvin S. Putnam, Sabrina H. Strong, Jessica L. Stebbins Bina and Kathryn A. Cahan of O'Melveny & Myers LLP.
The case is Katherine Jackson et al. v. AEG Live LLC et al., case No. BC445597, in the Superior Court of the State of California, County of Los Angeles.
http://www.law360.com/articles/501097/new-trial-denied-in-michael-jackson-wrongful-death-suit
