Jury: Concert promoter not negligent in Jackson death

William M. Welch | USA TODAY

Show Caption Hide Caption Jury rejects negligence claim in Jackson suit A Los Angeles jury has rejected a claim that the promoter of Michael Jackson's comeback concerts was negligent in hiring the doctor who killed the superstar with a drug overdose. The case was filed by Jackson's mother. (Oct. 2)

Jackson died in June 2009 of an overdose of the drug propofol

Murray was found guilty in November 2011 of involuntary manslaughter in the death

AEG Live contends it was pressured by Jackson to hire Murray as his personal physician

LOS ANGELES – A jury ruled Wednesday in favor of concert promoter AEG Live, finding it was not liable in the death of singer Michael Jackson.

Katherine Jackson, Michael Jackson's mother, brought the case against AEG Live LLC, the giant concert promoter that was producing the singer's comeback concerts, arguing that the promoter was negligent in hiring the physician who administered the drug that killed him.

The jury of six men and six women returned their verdict on the third full day of deliberations after a bitterly contested trial that lasted five months in a Los Angeles courtroom.

To reach a verdict, only nine of the 12 jurors needed to agree; A unanimous verdict was not required.

Jackson died in June 2009 of an overdose of the drug propofol, which is intended for use in surgery at hospitals.

Following a trial, Conrad Murray was found guilty in November 2011 of involuntary manslaughter in Jackson's death for giving the singer an overdose of propofol as a sleep aid. Just who was responsible for hiring Murray to take care of Jackson before his comeback concerts was at the heart of the family's negligence claim.

The jury ruled that AEG did hire Murray, but also ruled that Murray was not unfit or incompetent to perform the job he was hired to do. Under a series of questions the judge presented to the jury as a way of arriving at a verdict, that finding led directly to a verdict in favor of the promoter.

"Michael Jackson was used to getting his way,'' juror Kevin Smith said outside the courthouse after the verdict.

"He could pretty much get what he wanted... Anybody that said 'no,' they were out of the mix and he'd find somebody else.''

AEG Live General Counsel Shawn Trell voiced relief at the verdict. "It's nice to have this in the rear-view mirror,'' he said.

Marvin Putnam, attorney for AEG Live, said his client never considered trying to end the case by negotiating a settlement with the Jackson family because "They werent going to allow themselves to be shaken down.''

He said Jackson had a long struggle with addiction, and ultimately what he did in the privacy of his home was beyond the promoter's control.

"What really happened behind those locked doors? That was between Michael Jackson and his physician,'' Putnam said.

Kevin Boyle, attorney for Katherine Jackson, said they would consider a next step.

"We, of course, are not happy with the result as it stands now," Boyle said. "We will be exploring all options legally and factually and make a decision about anything at a later time."

Jackson's lawyers depicted the company as being more concerned with the profits a successful concert run could generate than the singer's well-being.

Brian Panish, lawyer for Jackson's mother, urged the jury to find that defendant AEG Live LLC and Jackson shared responsibility for hiring Murray, who is serving a prison sentence.

AEG Live contends it was pressured by Jackson to hire Murray as his personal physician. Attorneys for the promoter argued that Jackson and Murray deceived the promoter by concealing that Jackson, who complained of chronic insomnia, was receiving the anesthetic propofol nightly in his home as a sleep aid.

Panish urged the jury to find that AEG hired Murray without considering whether he was fit for the job.

"Propofol might not be the best idea," Panish said. "But if you have a competent doctor, you're not going to die."

Panish contended that AEG executives including CEO Randy Phillips and co-CEO Paul Gongaware disdained Jackson and pointed to an e-mail in which an AEG attorney referred to Jackson as "the freak."

"They're a money-making machine," Panish said. "All they care about is how much money is this freak going to make for them."

Both executives were initially named as defendants but were dismissed from the case during the trial.

Panish showed jurors details of a contract that was drafted by AEG Live but only signed by Murray. He said it proved that AEG wanted to control the doctor.

AEG Live attorney Marvin Putnam told jurors that Jackson insisted on hiring Murray despite objections from AEG Live. The company told Jackson there were great doctors in London, where his concerts would be held, but the singer insisted, Putnam said.

"It was his money and he certainly wasn't going to take no for an answer," he said.

AEG attorneys showed the jury excerpts from the documentary film about the failed Jackson comeback, This Is It, to demonstrate that Jackson appeared in top form just 12 hours before he died.

"AEG Live did not have a crystal ball," Putnam said. "Dr. Murray and Mr. Jackson fooled everyone. They want to blame AEG for something no one saw."

He contended AEG would have pulled the plug on the concerts had it been aware Jackson was receiving the powerful drug.

"AEG would have never agreed to finance this tour if they knew Mr. Jackson was playing Russian roulette in his bedroom every night," Putnam told jurors.

Panish said AEG should pay $85 million in personal damages to each of Michael Jackson's three children, and $35 million to the singer's mother.

But potential economic damages could be larger. Attorneys for the Jackson family argued that had he lived, the singer could have made as much as $1.5 billion from the concerts, music, endorsements and related revenue streams.

Putnam, the AEG attorney, dismissed those calculations and presented expert testimony putting economic damages far lower, at close to $21 million. AEG also presented testimony showing Jackson had a history of erratic behavior and canceled shows.