Michael Jackson’s mother, Katherine Jackson, has filed a lawsuit against AEG Live LLC in Los Angeles Superior Court on Wednesday, September 15, 2010, claiming the promoter of her son’s planned comeback concerts did not provide key lifesaving equipment and did not adequately monitor the cardiologist hired to care for her son. Michael Jackson’s death has been ruled a homicide. The superstar passed away in the midst of the rehearsals, due to what coroners said was an “acute propofol intoxication” after he received a lethal dosage of the sedative. Michael Jackson’s treating physician, Dr. Conrad Murray, has been charged with involuntary manslaughter for his alleged actions in the hours before Jackson’s death. Murray pleaded not guilty and is not named as a defendant in Katherine Jackson’s lawsuit. The suit says AEG Live was liable for the actions of Dr. Conrad Murray. Katherine Jackson is seeking unspecified damages on behalf of herself and her son’s three children. Full Article.
Wrongful death is a claim against a person who can be held liable for a death that is brought in a civil action, usually by close relatives. New York’s wrongful death statute, EPTL §5-4.1, provides that the personal representative of the estate has the right to sue for pecuniary loss on behalf of the distributees. Damages are determined by the court in an amount it deems to be fair and just compensation for pecuniary injuries resulting from the decedent’s death. It calls attention to reasonable expenses for medical aid, nursing, and funeral expenses, “in addition to every other lawful element.” Punitive damages, designed to punish the defendant in cases of recklessness or depravity, are allowed. A wrongful death cause of action must be filed within two years of the date of death. It is important to consult with an experienced estate attorney if you believe you have a possible wrongful death lawsuit on behalf of your loved one.
The attorneys at Leeds, Morelli & Brown, P.C. have worked with a variety of families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For questions regarding probate and estate planning, please contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529 or visit the firm’s website at www.lbestatelaw.com.