and another typed by Junky on twitter
Affirmative Defense-Patient's Duty to Provide for His or Her Own Well-Being
A patient must use reasonable care to provide for his or her own well being.
AEG Live claims Michael Jackson's death was caused by his own negligence with his medical care. To succeed, AEG Live must prove both of the following:
That Michael Jackson did not use reasonable care to provide for his own well-being; and
That Michael Jackson's failure to use reasonable care in connection with his medical care was a substantial factor in causing his harm.
Comparative Fault of Decedent
AEG Live claims Michael Jackson's own negligence contributed to his death. To succeed in this claim, AEG Live must prove both of the following:
1. That Michael Jackson was negligent; and
2. That Michael Jackson's negligence was a substantial factor in causing his death.
If AEG Live proves the above, the plaintiffs' damages are reduced by your determination of the percentage of Michael Jackson's responsibility.
Appointment of Responsibility
If you find that the negligence of more than one person, including AEG Live and Michael Jackson, was a substantial factor in causing the death of Michael Jackson, you must then decide how much responsibility each has by assigning percentages of responsibility to each person listed on the verdict form. The percentages must total 100 percent.
Even if jury find AEG negligent, this bit is going to significantly reduce damages that AEG insurance company would have to pay. AEG has proven that: MJ wanted CM, has used propofol before, and was told many doctors and nurses that is was dangerous, refused AEG suggestion to get another doctor from UK, + other things that have come up during the trial. So I think that will reduces AEG's respnsibility even if they lose.
This bit is from NY daily post:
"If the jury ultimately finds AEG hired Murray either alone or in part, it then must decide whether the company should have known Murray presented a risk to Michael, the judge said. And if AEG was negligent in that way, the jury must decide how much blame the company should assume compared to Jackson himself, the judge said.
For example, the jury could find that AEG was 75 percent at fault while Michael was 25 percent responsible for his own fate. In that case, the verdict amount would be reduced by 25 percent."
Just out of my hat, jury decides it is AEG 50%- MJ 50% and damages are set to $1 million.
AEG pays $500 thousand as they were guilty only %50,
then Panish & Co takes 40% off that %50 that plaintiffs won and other costs,
that leaves Randy and other family members % 10
I'm sure they would be happy with that as they weren't suing for the money but "justice":cheeky:
