Jamba, Qbee, your posts supported and expanded my statement; thanks.
Example the Chandlers' accusations , a criminal trial was harder for MJ's defense or a civil one ?
The first conclusion the public at large came to the minute MJ was pronounced dead was an overdose , a drug related death . That was before we knew anything about the doctor sleeping there or any of the incidents AEG are talking about in the last 20 years .
Regarding your example If I suspected he was getting drugs from Klien , I would not suspect he was getting drugs from Murray ? wow , where is the logic ?
Soundmind, great observations. Michael would have lost the civil trial and that’s why it was settled.
Ivy, I agree with Soundmind in that after Michael passed, the rumor was it was drug related death and that did not originate with Brian Oxman or any Jackson that I am aware of. If it did indeed originate with Oxman, some in the general public were all to ready to accept that. Michael was seen as an addict by some in the general public while he was alive so it was an unfortunate, albeit somewhat natural assumption on some in the public's part. If this was untrue, why would Phillips refer to an article in his email that addressed Michael’s rumored substance issues saying the author did his "research?" This continues to negate AEG’s defense that Michael’s issues were a secret to them.
Let me ask you this way we all knew Michael had issues with pain medicine because he announced it in 1993. With having that information, have you ever assumed that Michael would have issues with other drugs? Just because you knew he had used pain medicines, can you reasonably foresee that he would use anesthesia for sleep?
Ivy, Soundmind’s argument is logical in my view. Rowe is going to testify she watched Michael being administered propofol during the History tour that Gongaware was on. Gongaware testified to having no memory of Michael having sleep issues on the History tour or a doctor treating Michael on that tour. Let us see if Rowe makes a connection between Gongaware and the History tour doctor who treated Michael’s sleep issues and/or Gongaware having knowledge of Michael's sleep issues.
But, that's my point--unless you are the parent of a child, vetting a doctor for an unrelated adult (especially by a corporation) is a violation of so many personal rights and it's way beyond what's "normal and customary" in the US. That's why 3rd parties don't "hire" personal doctors for individuals under any circumstances and adults select their own physicians based on criteria that is unique for them. Think of the liability implications to do it any other way. Even in workmen's compensation cases, there's a list of doctors to chose, but the "vetting" is up to the individual. That's why the underlying premise of this case--that AEG not only "hired" Murray, but had an obligation to "vette" Murray--is absurd on the face of it. I'd still like to see some case law supporting any of it, because I suspect it's non-existent, and one of the reasons why the judge should have disallowed this case going forward in court.
Crillon, in your workmen’s compensation example, the doctors appearing on that list have already been vetted by the insurance company.
Let us compare Klein with the doctor. Klein’s name was most likely never discussed during an executive meeting, did not appear in the pre-production budget, was not listed on a three-party contract, was never given tasks by AEG, and no one from AEG had any contact with him. Why?
Klein was paid through an advance. AEG had no control over if, when, where, and why Michael saw Klein. As per Phillips, AEG could only be frightened by Klein and could not interfere in Michael’s doctor-patient relationship with Klein.
The doctor’s salary was discussed at an executive meeting regarding budgets, his name and salary appeared in the pre-production budget, he was a party to a three-party contract, was given tasks directed BY AEG and NOT Michael (control over Michael rehearsal schedule no less) and had meetings/conversations with AEG. Why?
He was not scheduled to be paid through an advance as he was allegedly hired by AEG. AEG inserted themselves into the doctor-patient relationship as a third party which allowed them access to the doctor and made the doctor beholden to AEG who would pay his salary because it was a pre-production cost.
Michael would not pay the doctor’s salary until TII went into production. If TII was successfully completed, Michael would pay a percentage of the doctor’s salary. TII was not completed so Michael’s estate paid AEG the pre-production costs in which they excluded the doctor.
To Pminton's point, Michael CHOSE the doctor. Question please: why did AEG not use Michael hiring the doctor implicitly as their defense since the plaintiffs are using AEG hired the doctor implicitly as their argument?
When AEG allegedly took the responsibility of allegedly hiring a doctor for Michael, a vetting process would have at the very least protected their financial interest in the TII project as success hinged on Michael completed the 50 shows. They were not fully insured and they needed Michael to perform each and every one of those 50 shows to protect against financial loss on the TII project and see a profit. As the doctor was responsible for Michael’s appearance at rehearsal, he would mostly likely be responsible for preventing cancellation/non-appearance by Michael for each of the 50 shows. It is illogical for AEG not to vet the doctor as the doctor’s performance had an effect on TII’s successful completion as Michael's passing proved.
I can't wait to see how AEG explain this that their didn't hire Murray that a big key in this case.
Pminton, AEG has no intentions of explaining how they did not allegedly hire the doctor. Their defense is Michael was secretive about his issues.
