Jackson death suit will go to jury

<strong>Katherine Jackson: </strong>Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
<strong>Kenny Ortega:</strong> He was chosen by Michael Jackson and AEG Live to direct and choreograph the "This Is It" shows. Ortega, who choreographed for Jackson's "Dangerous" and "HIStory" tours, testified at Dr. Conrad Murray's criminal trial that "Jackson was frail" at a rehearsal days before his death.Kenny Ortega: He was chosen by Michael Jackson and AEG Live to direct and choreograph the "This Is It" shows. Ortega, who choreographed for Jackson's "Dangerous" and "HIStory" tours, testified at Dr. Conrad Murray's criminal trial that "Jackson was frail" at a rehearsal days before his death.
<strong>Dr. Conrad Murray:</strong> He was Michael Jackson's personal physician in the two months before his death, giving him nightly infusions of the surgical anesthetic that the coroner ruled led to his death. Murray, who is appealing his involuntary manslaughter conviction, has sworn that he would invoke his Fifth Amendment protection from self-incrimination and refused to testify in the civil trial. There is a chance that Murray will be brought into court from jail to testify outside the presence of the jury to allow the judge to determine if he would be ordered to testify.Dr. Conrad Murray: He was Michael Jackson's personal physician in the two months before his death, giving him nightly infusions of the surgical anesthetic that the coroner ruled led to his death. Murray, who is appealing his involuntary manslaughter conviction, has sworn that he would invoke his Fifth Amendment protection from self-incrimination and refused to testify in the civil trial. There is a chance that Murray will be brought into court from jail to testify outside the presence of the jury to allow the judge to determine if he would be ordered to testify.
<strong>Joe Jackson: </strong>Michael's father, 84, is on the witness list for the trial and may testify. The Jackson family patriarch, who lives in Las Vegas separately from his wife, has suffered several ministrokes in the last year, which some close to him say have affected him.Joe Jackson: Michael's father, 84, is on the witness list for the trial and may testify. The Jackson family patriarch, who lives in Las Vegas separately from his wife, has suffered several ministrokes in the last year, which some close to him say have affected him.
<strong>Prince Jackson: </strong>Michael's oldest son is considered a key witness in the Jacksons' case against AEG Live, since he is expected to testify about what his father told him about the concert promoter in the last days of his life. Prince, who turned 16 in February, is becoming more independent -- he now has a driver's license and jobs.Prince Jackson: Michael's oldest son is considered a key witness in the Jacksons' case against AEG Live, since he is expected to testify about what his father told him about the concert promoter in the last days of his life. Prince, who turned 16 in February, is becoming more independent -- he now has a driver's license and jobs.
<strong>Paris Jackson:</strong> Michael's daughter, who turned 15 on April 3, is on the list of witnesses and was questioned by AEG Live lawyers for several hours on March 21 about her father's death. Paris is an outspoken teen who often posts messages to her 1 million-plus Twitter followers.Paris Jackson: Michael's daughter, who turned 15 on April 3, is on the list of witnesses and was questioned by AEG Live lawyers for several hours on March 21 about her father's death. Paris is an outspoken teen who often posts messages to her 1 million-plus Twitter followers.
<strong>Blanket Jackson:</strong> Although AEG Live asked the judge to order Blanket, 11, to sit for a deposition, and he is one of the four plaintiffs suing them, Michael's youngest son will not be a witness in the trial. His doctor submitted a note to the court saying it would be "medically detrimental" to the child.Blanket Jackson: Although AEG Live asked the judge to order Blanket, 11, to sit for a deposition, and he is one of the four plaintiffs suing them, Michael's youngest son will not be a witness in the trial. His doctor submitted a note to the court saying it would be "medically detrimental" to the child.
<strong>Randy Phillips:</strong> He's president of AEG Live, the concert promoter that contracted with Michael Jackson for his "This Is It" comeback shows set to start in London in July 2009. The Jackson lawsuit says Phillips supervised Dr. Conrad Murray's treatment of Jackson in the weeks before his death, making the company liable for damages. E-mails between Phillips and other executives showed they were worried about Jackson's missed rehearsals and sought Murray's help getting him ready.Randy Phillips: He's president of AEG Live, the concert promoter that contracted with Michael Jackson for his "This Is It" comeback shows set to start in London in July 2009. The Jackson lawsuit says Phillips supervised Dr. Conrad Murray's treatment of Jackson in the weeks before his death, making the company liable for damages. E-mails between Phillips and other executives showed they were worried about Jackson's missed rehearsals and sought Murray's help getting him ready.
<strong>Kevin Boyle:</strong> The Los Angeles personal injury lawyer is leading the Jackson team of at least six attorneys in the wrongful death suit against AEG Live. One of his notable cases was a large settlement with Boeing on behalf of two soldiers injured when their helicopter malfunctioned and crashed in Iraq.Kevin Boyle: The Los Angeles personal injury lawyer is leading the Jackson team of at least six attorneys in the wrongful death suit against AEG Live. One of his notable cases was a large settlement with Boeing on behalf of two soldiers injured when their helicopter malfunctioned and crashed in Iraq.
<strong>Perry Sanders, Jr.: </strong>Katherine Jackson's personal lawyer is helping steer the Jackson matriarch through her relations with her son's estate, probate court and the wrongful death suit. He is also known for representing the family of Biggie Smalls in their suit against the city of Los Angeles over the rapper's death investigation.Perry Sanders, Jr.: Katherine Jackson's personal lawyer is helping steer the Jackson matriarch through her relations with her son's estate, probate court and the wrongful death suit. He is also known for representing the family of Biggie Smalls in their suit against the city of Los Angeles over the rapper's death investigation.
<strong>Marvin Putnam: </strong>He's the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is "media in defense of their First Amendment rights," according to his official biography.Marvin Putnam: He's the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is "media in defense of their First Amendment rights," according to his official biography.
<strong>Philip Anschutz: </strong>The billionaire owner of AEG, parent company of AEG Live, is on the Jacksons' witness list. He is the force behind the effort to build a football stadium in downtown Los Angeles to lure a National Football League team to the city. He recently pulled his company off the market after trying to sell it for $8 billion.Philip Anschutz: The billionaire owner of AEG, parent company of AEG Live, is on the Jacksons' witness list. He is the force behind the effort to build a football stadium in downtown Los Angeles to lure a National Football League team to the city. He recently pulled his company off the market after trying to sell it for $8 billion.
<strong>Tim Leiweke: </strong>He was recently fired as AEG's president as Philip Anschutz announced he was taking a more active role in the company. The Jackson lawyers say Leiweke's e-mail exchanges with executives under him concerning Michael Jackson's health are important evidence in their case.Tim Leiweke: He was recently fired as AEG's president as Philip Anschutz announced he was taking a more active role in the company. The Jackson lawyers say Leiweke's e-mail exchanges with executives under him concerning Michael Jackson's health are important evidence in their case.
<strong>Paul Gongaware: </strong>The AEG Live co-CEO worked closely with Michael Jackson as he prepared for his comeback concerts. He testified at Dr. Conrad Murray's criminal trial that he contacted the physician and negotiated his hiring at the request of Jackson. AEG lawyers say it was Jackson who chose, hired and supervised Murray. Gongaware knew Jackson well, having been tour manager for the singer in previous years.Paul Gongaware: The AEG Live co-CEO worked closely with Michael Jackson as he prepared for his comeback concerts. He testified at Dr. Conrad Murray's criminal trial that he contacted the physician and negotiated his hiring at the request of Jackson. AEG lawyers say it was Jackson who chose, hired and supervised Murray. Gongaware knew Jackson well, having been tour manager for the singer in previous years.
<strong>John Branca: </strong>He's one of two executors of Michael Jackson's estate. Branca was Jackson's lawyer until about seven years before his death. He said Jackson rehired him just weeks before he died.John Branca: He's one of two executors of Michael Jackson's estate. Branca was Jackson's lawyer until about seven years before his death. He said Jackson rehired him just weeks before he died.
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  • AEG Live lawyers say they may call Michael Jackson's mother back to the witness stand
  • Judge: Enough evidence to "reasonably infer" AEG should have known Murray was a risk
  • AEG Live execs Randy Phillips and Paul Gongaware dismissed as individual defendants
  • Testimony resumes September 16 with closing arguments soon after

Los Angeles (CNN) -- A judge rejected AEG Live's request that she dismiss the Michael Jackson wrongful death lawsuit, but two executives were dropped as individual defendants on Monday, a ruling that had each side claiming a measure of victory.

The trial, which is in its fifth month in a Los Angeles courtroom, is expected to conclude with closing arguments as soon as next week.

But before AEG Live lawyers rest their defense case on September 16, they may call Michael Jackson's mother back to the witness stand, attorney Marvin Putnam said.

A decision will be made on the need for more testimony from Katherine Jackson after the judge rules on several issues regarding possible damages on Wednesday, Putnam said.

The Jackson family matriarch delivered two days of dramatic testimony in July, which included a heated cross examination by Putnam.

"She was trying to answer the questions the best she could," Jackson lawyer Brian Panish said after she left the stand. "I think maybe she lost her temper a little bit and she tried to restrain herself in a very Christian-like way."

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Jackson's 83-year-old mother and three children accuse AEG Live of negligently hiring, retaining or supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the pop icon's death. The company's executives missed several warning signs that Jackson's health was deteriorating under Murray's care, they contend.

AEG Live argues that Jackson, not its executives, chose and controlled Murray.

Judge: Jurors will decide the case

Los Angeles County Superior Court Judge Yvette Palazuelos ruled on Monday that the case against AEG Live will be sent to the jury. The company had filed a "nonsuit motion" that argued the Jacksons failed to present enough evidence to warrant jury deliberations.

"Substantial evidence has been presented at trial from which a jury can reasonably infer that defendants (AEG Live) knew or should have known that Dr. Murray presented an undue risk of harm to decedent (Jackson)," she said in her ruling.

AEG Live lawyers contend that their executives had no way of knowing about the dangerous -- and ultimately fatal -- infusions of the surgical anesthetic propofol the doctor was using to treat the singer's insomnia. The coroner ruled Jackson died of a propofol overdose on June 25, 2009 -- just days away from the premiere of his "This It It" tour in London.

The judge also ruled that the Jacksons "presented substantial evidence" that AEG Live's "conduct was a substantial factor in causing" Jackson's death.

Pain was real, doctor testifies

"A jury may logically infer from the evidence that (Jackson) died because Dr. Murray, who was adversely affected by a conflict of interest created by his contractual arrangement with AEG, treated a deteriorating insomniac who was not ready to perform, causing Dr. Murray to make bad medical decisions that caused (Jackson's) death," the judge wrote.

The Jackson case contends AEG Live created a medical conflict of interest by agreeing to pay the debt-ridden Murray $150,000 a month to serve as Jackson's personal physician. Murray's agreement said he could lose his job if the tour was postponed or canceled, leading him to make unsafe medical decisions, they argue.

Murray told investigators he treated Jackson with propofol most nights for the last two months of his life. The Jacksons contend the treatments began once AEG Live co-CEO Paul Gongaware agreed in a phone call to Murray's demands for $150,000 a month.

"The timing of when Dr. Murray ordered propofol is a matter of factual dispute (as to whether that means Dr. Murray used it prior to AEG's retention of him)," the judge wrote. "The court finds that plaintiffs presented sufficient evidence that Dr. Murray's treatment of decedent was connected to Murray's employment by AEG. Therefore defendants' motion for nonsuit is denied."

AEG Live execs dropped from suit

AEG Live CEO Randy Phillips and co-CEO Paul Gongaware were dismissed as individual defendants in the case. The two executives in charge of producing and promoting Jackson's comeback concerts "did not assume personal liability" when dealing with the hiring of Murray, Palazuelos wrote. "Rather, they acted solely as an agent of AEG Live."

A Jackson lawyer downplayed the significance of the dismissal of the two men as defendants, saying the plaintiffs previously offered to drop them from the case but AEG Live lawyers refused.

Closing arguments could come as soon as September 19, after Jackson lawyers offer several witnesses next week in rebuttal to the AEG Live defense.

Testimony was suspended for this week because a female juror traveled out of the state on an emergency trip to visit a seriously ill close relative, Palazuelos said Monday.

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