bouee
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You need to look to stuff in the order they happened
AEG wanted to say Katherine did not sue Murray and / or Murray wasn't a defendant. Judge said no, you can't say that, you can only ask Katherine about her motives for filing a case against AEG but you can also come up with a verdict form which lists Murray among the responsible parties and let jury determine who has how much responsibility in Michael's death.
The rest is strategy. Yes the judge will finalize the verdict forms based on arguments from both sides. Obviously Jacksons would want to argue Murray's fault is AEG's fault as AEG hired Murray (based on peculiar risk and whatever theories). AEG came up with a verdict form that did not list Murray in the percentages section (more about this below). Why? Simple strategy IMO. Not only that's against Jacksons claims , they might also be hoping that the judge finds a middle ground and lists everyone separately.
again for some reason people look to this lawsuit (and others) as lawsuits are based on fairness. No they aren't. It's all about what you can prove, what you can disprove and what is a better strategy.
now a point: I don't think AEG omitted Murray. Now look to this part
10. Did Conrad Murray's unfitness or incompetence harm Michael Jackson?
Yes / No
If you answered no stop, if you answered yes go on to question 11
11. Was any of the defendants negligence in hiring Conrad Murray a substantial factor in causing plaintiffs harm?
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
If you answered no stop, if you answered yes go on to question 12
12. Was Katherine Jackson dependent on Michael Jackson for the necessities of her life?
Yes / No
If you answered no, you must not award any damages for losses suffered by Katherine Jackson. you may still award damages to the remaining plaintiffs. If you said yes go on to question 13.
13. What do you find to be the total amount of damages , if any, suffered by plaintiffs?
If you answered $0 stop, otherwise go to question 14.
If you reached to this section you have determined one or more of the defendants is responsible for Michael Jackson's death. In this section you will determine whether any other persons are responsible for Michael Jackson's death and to what extent. Do not reduce the amount of damages you awarded in question 13 to account for any percentage of fault you award to other parties. Any needed reductions will be done by the court
14. Was Michael Jackson's negligence or wrongful conduct a substantial factor in causing his death?
Yes / No
Please go on question 15.
15. Was Katherine Jackson's negligence or wrongful conduct a substantial factor in causing Michael Jackson's death?
Yes / No
Please go on question 16.
16. Please identify the percentage of the total negligence and fault for Michael Jackson's death was due to conduct of Michael Jackson, Katherine Jackson and each defendant you answered yes in question 11. The percentages must add to 100%.
Michael Jackson ____%
Katherine Jackson____%
AEG Live ________%
AEG Live Productions____%
Gongaware _______%
Phillips _________%
I think Mechi explained way better than me what I meant. It's the bolded that I'm talking about, the final allocation of responsability. i said their strategy makes no sense to me, because it's too risky to leave Murray out of the final allocation.
If the jury thinks like Mechi and me, they will divide Murray's resposability on AEG- and even though I have problems attributing responsability to Michael for the same reasons as Mechi- question of dignity and he trusted a doctor, he was a patient - I think a jury probably would allocate something there.
So yes it's a strategy on AEG's part, or their lawyers, but I'm not sure it's that related to the timeline, or the jackson's or judge decision. I think it's related to what happened in june, and Michael's health declining under Murray's care, and AEG (Phillips) reaction to those events.
Imagine if those june events never happened : Michael was fine and suddenly Murray kills him. No warning signs at all. Then AEG would take the easy way, and blame Murray. That's easy , he's already been convicted. That's what I thought would happen at the beginning of the trial.
They can't , so they are stuck in this blame Michael / minimise Murray's role stragegy- at least that what it seems so far- because of the situation , because of the june events and Phillips's bad reaction to those events.
The problem is, for me, it goes against common sense. The jury could wonder about that.
EDIT :
about this :
10. Did Conrad Murray's unfitness or incompetence harm Michael Jackson?
Yes / No
AEG would want the jury to answer "no" to this question, if not, it wouldn't be there. Or at least say that Murray was led to be negligent partly by Michael.
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