proposed verdict form by Katherine Jackson and AEG.
Katherine Jackson / Plaintiff's proposed verdict form
1. Were any defendants (AEG Live, Gongaware, Phillips) negligent in hiring, retaining or supervising Conrad Murray?
Yes / No
If you answered Yes then answer question 2. If you answered No stop here answer no further questions.
2. Was defendants negligence a substantial factor in causing Michael Jackson's death?
Yes / No
If you answered Yes then answer question 3. If you answered No stop here answer no further questions.
3.4.5.6 What are plaintiff (KJ, Prince, Paris, Blanket) total wrongful death damages for the death of Michael Jackson?
economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
AEG, Gongaware, Phillips / Defendant's proposed verdict form
1. Who hired Conrad Murray?
Michael Jackson Yes /No
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
No one Yes/No
If you answer as no to as to each defendant stop, if you answered yes as to any defendant answer question 2
2. Did the parties agree that any contract between any defendant and Conrad Murray had to be in writing and signed by Michael Jackson to be binding on the parties
Yes / No
If answered yes answer question 3, if answered No go to question 4
3. Did Michael Jackson sign a written agreement between any defendant and Conrad Murray?
Yes / No
If answered no stop, if answered yes go to question 4.
4. Was there an oral agreement between any defendant and Conrad Murray such that Conrad Murray would perform independent contractor services for that defendant even without a written and signed contract?
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
go on to question 5
5. Was there an agreement created by conduct between any defendant and Conrad Murray such that Conrad Murray would perform independent contractor services for that defendant even without a written and signed contract?
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
If you answered no as to each defendant at questions 4 and 5 stop, if you answered yes to any defendant go on to question 6.
6. Did defendants establish , by clear and convincing evidence , that Michael Jackson agreed that he, not defendants, would be responsible for any negligence committed by Conrad Murray?
Yes / No
If you answered yes stop, if you answered no go to question 7.
7. During Conrad Murray's engagement in connection with TII concerts was Murray unfit or incompetent to treat Jackson's general medical needs?
Yes / No
If answered no, stop, if answered yes go to question 8.
8. Did any defendant knew, or should have known, of specific facts that would have put defendant on notice that Conrad Murray was unfit or incompetent to be Michael Jackson's personal physician?
AEG Live Yes/No
AEG Live Productions Yes / No
Gongaware Yes/No
Phillips Yes/No
If you answered no as to each defendant stop, if you answered yes to any defendant go on to question 9.
9. If a reasonable person had known the facts you identified in response to question 8, would it have been foreseeable to that person Conrad Murray was likely to harm Michael Jackson in the specific way that Conrad Murray harmed Michael Jackson?
Yes / No
If you answered no stop, if you answered yes go on to question 10.
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?
a. economic damages : financial support, losses of gifts or benefits, and household services Michael Jackson would have contributed/provided to the plaintiffs during the remaining years of his life or their lives, whichever shorter, calculated to net present value _________________
b. non economic damages : the loss of Michael Jackson's love, companionship, comfort, care, assistance, protection, affection, society, and moral support and Michael Jackson's training and guidance during the remaining years of his life or their lives, whichever shorter, calculated to net present value _________________
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 _________%
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Will update this post if /when we get information about the finalized verdict form.
Documents on the case are now 6 + days behind. I just got Katherine's objection to AEG's verdict form.
Basically Katherine's side is saying AEG's verdict form is improper and at times leading.
Katherine says there are 4 questions in a negligent hiring claim
1. employee or independent contractor was unfit - incompetent to perform the job they are hired for
2. defendant knew or should have known this
3. employee's incompetence hurt plaintiff
4. defendant's negligence in hiring was substantial factor in causing the harm
They continue to state that jury is not required to answer if there was a written or oral contact (AEG questions 1-4) and judge can just give instructions. similarly they say whether Katherine was dependent on Michael could be addressed in instructions.
Katherine's lawyers argue that some questions AEG had are affirmative defenses (Q6-7 whether AEG knew Murray was unfit and if reasonable person can foresee harm to Michael). Katherine's lawyers call these questions obstacles and imply preference for a particular outcome.
Katherine's lawyers state AEG's form does not include retention and supervision - which are also the claims by Katherine.
This document also shows their disagreements about the allocation of fault section:
Katherine's lawyers state their form has one line for Murray / AEG and another line for Michael Jackson. they state AEG's form does not include Murray and AEG is opposing "Murray / AEG Live" line stating this suggests that AEG is vicariously liable for Murray's actions.
Katherine's lawyers state that
- Murray has to be listed
- AEG's liability is coextensive with Murray's liability (any fault attributable to Murray is attributable to AEG)
- putting AEG and Murray on one line reduces confusion as KJ's lawyers claim AEG's liability and Murray's liability is the same.
- omitting Murray could confuse jury and could make them allocate Murray's fault to someone else
- listing defendants separately should not be done.
AEG and KJ are also having disagreements about
- whether the damages - what is included - should be explained on verdict forms (AEG) or should be explained by judge during instructions (KJ)
- whether to have damages determined all together for all plaintiffs (AEG) or whether they should be determined individually for each plaintiff (KJ)
- KJ's lawyers also state as defendants AEG has no say in how the damages are divided among plaintiffs