Trial judge thinks Jackson may have a case
Judge Palazuelos, in her ruling rejecting an AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers had provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."
Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.
While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him."
Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live. The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."
"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.