Ivy_4MJ

Ivy · @Ivy_4MJ

12th Mar 2013 from Twitlonger

Read this to understand what claims are left in Katherine Jackson - AEG trial. From Judge's final order about AEG Live, AEG Live Productions, Gongaware, Phillips

Summary first, documents below

Claim 1 Breach of Contract

a. Special Relationship

Karherine 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 Michael.

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, judge rule 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 alone insufficient to create an undue risk of harm.

Therefore Judge DISMISSES 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 this claim will GO TO trial.

Claim 3 - Fraud (DISMISSED April 2011 during demurrer)

Dismissed during first demurrer due to no evidence

civil conspiracy claims also dismissed due to no evidence.

Claim 4 - Negligent infliction of emotional distress (DISMISSED April 2011 during demurrer)

Dismissed during first demurrer due to no evidence

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 fails to show any evidence that AEG had any control over how (manner or means) Murray did his job, judge dismisses the respondeat superior claim.

http://www.scribd.com/doc/128772581/AEG-Live-Final-Order-2-27-2013

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