Understanding the Michael Jackson Wrongful Death Verdict

As reported by many media outlets yesterday afternoon, the civil jury in the Michael Jackson wrongful death action has found in favor of the Defendant, AEG Live, and against the Jackson family.  According to a CNN News report, the jury decided the first two questions on the verdict form, but were not required to answer the rest because they found Dr. Conrad Murray (already convicted of involuntary manslaughter in relation to Michael Jackson's death) was not "unfit" or "incompetent" to perform the work for which he was hired by AEG.

Legal Issues Surrounding The Jury Verdict Form

Under the law in California, an employer is generally liable for the negligence of their employee so long as the employee committed the acts in question while acting in the course and scope of their employment.  Here, it would seem if the jury decided AEG Live hired Dr. Murray (which they did in response to the first question on the verdict form) then AEG would automatically be liable for misconduct of Dr. Murray and the death of Michael Jackson.  However, it is conceivable the court ruled in a pre-verdict motion that Dr. Murray's criminal negligence was not something he did within the course and scope of his employment with AEG.  If that were the case, then the Jackson family would have to prove AEG Live was independently negligent in the manner in which they hired, retained and/or supervised Dr. Murray.

Assuming the Jackson family and their lawyers were obligated to prove AEG was negligent (separate and apart from Dr. Murray's neglect), it seems the second question on the verdict form ("Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?") would be insufficient to cover all theories of the Plaintiffs' case.  For example, if there was any reason for AEG to know Dr. Murray was prescribing large quantities of propofol (the drug involved in Michael Jackson's fatal overdose), then they could be  held liable for continuing to employ the doctor, thereby causing or contributing to the death.  This negligent retention/supervision theory does not appear to have been considered by the jury, and this may be grounds for an appeal.  It is important to note that at least one juror described that second question on the verdict form as "confusing".

If you or a loved one has been the victim of medical malpractice, contacting a malpractice attorney may be the most important step to determining whether yours is a valid claim.

SOURCE:  AEG not liable in Michael Jackson's death, jury finds, CNN, October 2, 2013, by Alan Duke