bouee
a little history (sorry if I bore you)
as you know respondeat superior hold employers responsible for the actions of employees during the course of work but there were nothing that hold them responsible for the actions of the independent contractors. Independent contractors are by definition have been seen as working independently with no or minimal supervision and guidance.
then there was some lawsuits and this peculiar risk doctrine was established. It is all based on the idea that if the independent contractor is doing some inherently dangerous work , the person that hired them could be held responsible if the hiring party doesn't require or provide special precautions.
let me try a (not perfect) example: I have a park that the public comes. I hire landscape people to cut the tree branches. now "branch is cut, it falls down, if it falls down on a person it can hurt them" is a foreseeable risk on my part, it's common sense, it's basic physics, it doesn't require any specific knowledge. So the law say I'll either need to say to the contractor "make sure you secure the area and do not let the public in" or better I need to do make sure that the area is secure and no public is in the park so that no one gets hurt.
It needs to be a special / peculiar and recognizable risk associated with the job.
It doesn't cover any and all actions of the independent contractor such as causal negligence or the unforeseeable risks.
For example the landscape company when driving into the park might drive to close to a car and damage it but careless driving is a regular negligence which means the hiring company would not be responsible. Similarly for example the landscape company might cut the tree branches wrong and cause the whole tree to fall down on a nearby house. If the hiring company doesn't have the knowledge or foresee that a mistake can bring down the trees, they might not be seen as liable.
ps: I saw you asking it : it's guilty / not guilty in a criminal trial and it's liable / not liable in a civil trial.
She visited Michael and sat on his bed and yet she had to hear about TII from Grace? Why didn't Michael tell her he was doing TII since she was so close to him? She is right about one thing and that is Michael gave her everything. I wonder how Janet and the other children feel when they hear that.
"My son was being pressured," she added. "He asked for his father.
"I heard stories and I heard from my grandson he was being pressured, that he was asking for his father, that Joe would know what to do."
simple
allowed(motion denied)- Motion 4 - Michael's siblings have or had financial problems
- Gifts from Michael Jackson to his siblings are relevant to the issue of Jackson's damages and for the purposes of cross examination/impeachment of siblings.
- However presentation of the siblings entire finances is irrelevant and presents undue consumption of time.
combined with
allowed (motion denied)- Motion 8 - KJ did not file a suit against Murray
- AEG is precluded from pointing out that Murray is not a defendant in the lawsuit (see reason cited at motion 7 above)
- However AEG is allowed to present a comparative fault defense and verdict form.
- AEG is permitted to question Katherine Jackson as to her motive (financial) for filing the lawsuit.
because AEG might try to say the siblings were getting gifts / monetary support from Michael hence they are involved in this lawsuit and this lawsuit is financial motivated
Anthony McCartney ?@mccartneyAP 36m
She added, "To listen to how sick my son was and nobody was trying to help him
ABC7 Court News ?@ABC7Courts 12m
"My son was on prescription drugs, that doesn't make it true about other drugs they said he was on," Mrs. Jackson said
What other drugs did they say he was on?
Tygger;3872051 said:I thought Katherine’s testimony was very heartfelt and I am looking forward to her continued testimony on Monday. I learned more about Michael and the bond he shared with his children and mother.
Gerryevans, the jury will determine the damages. They may most likely find a “middle ground” between the figures projected by AEG and the expert. Maybe they will choose one or the other. I do not know. It is not me using AEG’s figures to give merit to the expert; it is the expert using AEG’s projections as per their emails and documents to arrive at his projections.
Passy001, the expert said Michael could do 260 shows and AEG said Michael could do 186. Both projections equate to two shows per week. Those are the facts, not my opinion. Again, they are projections. No one knows if Michael would agree to doing two shows a week for an extended period of time or not. We cannot look to past, public comments by Michael (or private) to definitively say he would or would not. If you prefer to use testimony and evidence, his daughter and son said their father told them he was doing a world wide tour and AEG's emails show they were planning it.
Passy001, the expert said Michael could do 260 shows and AEG said Michael could do 186. Both projections equate to two shows per week. Those are the facts, not my opinion. Again, they are projections.
No one knows if Michael would agree to doing two shows a week for an extended period of time or not. We cannot look to past, public comments by Michael (or private) to definitively say he would or would not. If you prefer to use testimony and evidence, his daughter and son said their father told them he was doing a world wide tour and AEG's emails show they were planning it.
Is there a list of the types of indep contractors that could present a peculiar risk, or is it decided on a case by case basis ?
I would think a doctor is not usually a peculiar risk
That's why a defense denying or minimising Murray's role doesn't make sense to me. It goes against common sense.
Why AEG doesn't seem to go in this direction and seem to only blame Michael is beyond me
What other drugs did they say he was on?
I thought she was talking about the demerol defense
^^^^ It's still a prescription drug though, prescribed or given by a doctor.
case by case
there are arguments and examples that doctors is not considered a high risk but it can go either way.
but it goes well in the legal sense. in my opinion it's not really that hard to realize the more fault they put on Michael, the less fault it would be on AEG and they wouldn't want to put any fault on Murray who the jury might think AEG is responsible for.
think like this
Assuming Murray / AEG on the same line on the verdict form and Michael Jackson
if the jury thinks Michael died 100% because of Murray, AEG will be held responsible for all damages. So the more they can try to transfer the responsibility to Michael the less responsibility.
It's simple math
And what does that mean , from the post that I quoted above ?
"However AEG is allowed to present a comparative fault defense and verdict form. "
Who will be deciding about the verdict form ? If it's the judge , the she already ruled AEG could not be responsible for Murray's medical actions, so I know we can't tell right now, but there's a chance that she will not allow Murray & AEG on the same line in the verdict form.
By excluding Murray from their verdict form, is AEG preventing her from doing it ? They are at least giving an indication that they don't want his name on the verdict form, yet they want everybody's repsonsability evaluated. Everybody but Murray.
It's not logical and not credible, but that's my opinion.
No, Katherine said Michael was not a freak. She didn't like the things people are saying about Michael. I have to say that even though I don't like this trial just reading what she was saying about Michael, I can't help but get emotional. I do believe she loved Michael. She talks about him in the present tense. Never "was" but Michael "is" I noticed.
I feel like she might be talking about the addict stories in media. Her lawyers already claim Demerol dependency at some times in his life.
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As for Katherine, I'm worried Monday will be hard for her. She seems defensive and even act like someone has sued her. Putnam really did not ask her any hard questions.
I'm talking about what MJ would've done or agreed to do. Not about what AEG or the Jacksons were/are dreaming about. That's why I said anyone who knew MJ would know he would have never agreed to do that many shows AND 4-5 major world tours after that. Which is doing twice as much shows that he'd done in his solo career between the age of 50 to 65 when his insomnia is at its worse.
It is completely unrealistic to believe that IMO. And AEG knew it - Gongaware said MJ won't like the big number of shows. What they were doing was just ideas, plans and hopes for the future and it would have depended on how the London shows went. But them having talks like that and MJ agreeing to it are two completely different things.
Like I said I could see him agreeing to a few more shows around the world (20-30 more shows, which is more realistic and reasonable), but 180 or 260? Nope.
Putnam asked her about her decision to sue AEG Live in September 2010. She said she didn't discuss with her children or her grandchildren before filing the lawsuit.
"This was your decision alone," Putnam asked.
She said it was.
So not only Katherine denied involvement of some siblings - such as Randy who publicly took credit for this lawsuit- but she also testified that she didn't talk with her grandchildren - which would mean Prince, Paris and Blanket...
"He didn't talk much about his insomnia, Mrs. Jackson said. He couldn't sleep at all at night when he was at home."
What I have gotten out of both trials is that when Michael Jackson was touring is when he had the hardest time going to sleep. Dr. Allan Metzger prescribed a sleep medication in 2003 and 2008 for Michael.
2003 was when the Bashir documentary turned Michael's life upside down, which resulted in a Criminal Trial. 2008 was when "Neverland" was headed towards a Public Auction.
Some of the symptoms of insomnia are Major depression, Anxiety, Fatigue, Mental illness.
I can see why Michael didn't like touring, these symptoms would be hard on a person, having to deal with major depression, anxiety, fatigue, mental illness.
Because the autopsy reveals how strong Michael's organs are at time of death, Dr. Allan Metzger's prescribed medications coincide with when Michael would be stressed out about a current event, that he would use a prescribed sleep medication to help relieve nervousness and help keep Michael calm enough and relaxed enough to sleep through the night!
One of the things that sticks in my mind most is the testimony from Prince where he said that Michael would come off the phone from AEG in tears and say that "they are going to kill me."