Re: Dr. Murray Gunning for AEG
Hmmm...what it looks like to me is this: Murray worked off and on for Michael and his children, as a personal physician anywhere from the last week of Dec. 2006 (when Michael returned to the USA - Las Vegas) til Michael left Vegas for Los Angeles in October 2008. The reason I say that is becuz once MJ was in L.A. and his kids got ill, Nurse Lee was called (she says she was told MJ's regular doctor was out of town). Since Dr. Murray was "allegedly" recommended by one of MJ's security staff and Murray was ALSO James Brown's personal physician, odds are Michael easily trusted Murray for those reasons alone. IF, in fact, they became friends, it
could have been James and his death which got that friendship going. We know how much Michael loved and idolized James Brown.
As far as Murray holding AEG responsible...
If he can show that he recieved a contract from AEG, complete with the agreed terms, prior to the date of closing his practices, I think he may have a teeny tiny case.
Here's the problems with that tho.
1. Frank, IF one chooses to believe him, says negotiations went on til 2 weeks before MJ's death. That would put a final contract after Murray closed his practices. And if he closed his businesses before negotiations ended, that's on him. What if negotiations never came up with an amount he'd settle for? What was he going to do then, having closed his offices? Not exactly smart.
2. Why was the contract still unsigned, if it was, at the time of MJ's death? They were all right there in Los Angeles. Murray was in the house every morning according to the chef. His and MJ's signature should have been on the document immediately...especially IF he'd been working for 2 months unpaid.
3. If the contract was found in the car, why was it still in Murray's possession, signed by Murray or not? If Murray hadn't signed, why hadn't he? If he HAD signed, why wasn't the contract THEN in Michael's possession to be signed by Michael? Also, had ANYONE from AEG already signed it? It would be good to know what signatures were actually on that contract found in Murray's car. Was it a final copy or a draft of a previous and rejected copy?
Also, I feel this basically comes down to what's in the actual contract. Does the contract have a starting date for which Murray's employment would be covered by the AEG advance payments? If it specifically states its for his work "in London", then he's crap outta luck. If it in any way indicates that his employment includes work done in preparation for the shows, then he "may" be entitled to be paid. HOWEVER, if I were on a jury and knew the patient died becuz of the doctor's outrageously negligent behavior, I'd give him ZERO dollars for all his crappy "preparation" work. :angry:
Frank may not have fully known about whatever arrangements had been made with AEG to pay Murray? In my notes I have listed that Murray was hired in May, which would make it about two months, at $150,000 a month. Didn't Murray, or someone? say he'd been giving Michael Propofol for six weeks? Also, I believe Murray's contract with AEG was found in his impounded car (listed on some sort of police document, but I'd have to hunt up the reference)?
Supposedly, he "worked" for two months and is petitioning to get paid for it. That his patient died doesn't seem to occur to him as any sort of problem in getting payment? Amazing. . . . .
I think unless those 2 months are explicitly stated as being covered under the contract, Murray's looking at a pocket full of lint. lol And if he goes after MJ's estate for a dime, he could forget it. If he thinks his name is ish already.....!
on kop disussion board they are saying murray was hired after 15 june, the chef before Kai saw murray there with oxygen tanks and he worked for mj during may , then kai was rehired . so that makes it two months .
You know, this could be possible. The question is when did Murray's employment as Michael's personal everyday physican end and when did his personal-but-under contract-for-the-London shows-physican contract begin. It COULD be a matter of weeks or a matter of one day versus the very next...same as you can have car insurance one day but at the stroke of midnight, if you haven't renewed, you are suddenly uninsured.
This article shows different timing for when Murray was hired. As usual, there are multiple versions of events.
Michael Jackson's death: Jackson camp says concert promoter hired doctor [Updated]
June 26, 2009 | 2:43 pm
Dr. Tohme Tohme, a Jackson advisor, said that Los Angeles-based concert promoter AEG Live retained Murray and that the
physician arrived in town less than two weeks ago.
Jackson and the rest of the company were set to depart
early next week for England.
"I don't know the exact arrangements, but AEG paid him and he was going to go with [Jackson on tour]," Tohme said of Murray. Tohme said Murray treated Jackson for a cold when the singer was living in Las Vegas last year.
http://latimesblogs....red-doctor.html
Well, Tohme states he doesn't "know the exact arrangements" so it's possible he hasn't a clue as far as payments UNLESS he actually cut a check for Murray out of advanced AEG money BEFORE he was fired. NOW, if Thome knows of a contract that precedes his firing (early May), then MAYBE Murray has documentation that AEG contracted him in May. THAT would put AEG under the bus, for sure. That document would be interesting to see if Murray has a copy in his records...and whether all parties, Michael included, ever finalized it BEFORE Murray closed his practices. This would also show that Frank has been untruthful or was severely out of the loop. I'd be shocked if Murray can produce a contract preceding the closing of his practices WITh all signatures.
Well, under the law the "employer" is the one who PAYS the employee, regardless of who chose the employee. It's not "just the one signing the checks." The one signing the checks is the one with the liability, if any. If Murray actually pursues this, his attorney would go after AEG as "employer" (As the attorney is doing as the ones who paid), and not the estate (even if Michael chose the doctor). Might not seem right, but that's how the law works in this instance.
Let's say I own rental property (I don't, but. . . whatever). My tenant wants me to hire a gardener and chooses and suggests the employee. The gardener then falls off a ladder. The gardener can sue the employer (myself, hypothetically) as the employer, but not the tenant who chose the gardener. That's just the way the law works. . . even though it often seems not to be common-sense.
Good example. However, if the gardener was supposed to start work on the 13th of July and it's stated as such in the contract...and he falls off the ladder on July 12th, you could be in the clear as the owner. Technically, the start date was for the 13th. And if he showed up a day early as a courtesy to the tenant, for whatever reason, and the gardner brought his own faulty ladder to do the work, fell off the ladder and landed on the tenant standing below (killing the tenant), I'd say the tenant should be in the clear, too. It was the gardener's own faulty ladder and negligence that caused his problems...not to mention a death. Translation: Crap outta luck.