California Court of Appeal

Reset A A Font size: Print

Jackson v. AEG Live, LLC, B252411

In a negligence action against AEG insurer, brought by the children of entertainer Michael Jackson who died of acute propofol intoxication while under the care of a physician who was employed by insurer, grant of summary adjudication in favor of insurer is affirmed where: 1) the court did not err in summarily adjudicating negligence because a) AEG did not owe Michael a duty to refrain from exerting pressure over Dr. Murray, b) AEG did not undertake to provide protective services to Michael, and c) AEG owed Michael no duty arising out of the contract with Dr. Murray; 2) the court did not err in summarily adjudicating respondeat superior because a) the undisputed facts establish that Dr. Murray was an independent contractor as a matter of law, b) AEG is not liable under the peculiar risk doctrine as an independent contractor, and c) Dr. Murray is not an agent of AEG; 3) the court did not err in instructing jurors that a modified jury instruction along with the special verdict form; and 4) the special verdict was legally sufficient.

Appellate Information

  • Decided 01/30/2015
  • Published 01/30/2015

Judges

  • Kriegler

Court

  • California Court of Appeal

Counsel