Doctor charged in Michael Jackson’s death seeks dismissal of his father’s wrongful death case
By Anthony Mccartney, APWednesday, September 15, 2010
Jackson doc seeks dismissal of wrongful death case
LOS ANGELES — Attorneys for the doctor charged in Michael Jackson’s death asked a federal judge Wednesday to dismiss the wrongful death lawsuit filed by the singer’s father.
Attorneys for Dr. Conrad Murray argued in a court filing that Joe Jackson’s complaint should be dismissed because the Jackson family patriarch is not a beneficiary of the singer’s estate.
The filings note that he dropped his bid to receive a stipend from his son’s multimillion dollar estate. Michael Jackson omitted his father from his 2002 will.
Murray’s attorneys also argued that the wrongful death lawsuit is rife with improper arguments and statements that should be stricken.
“At its essence, (Joe Jackson’s lawsuit) is a press-release that is intended to prejudice and inflame the jury pool and the public” against Murray and his medical practice, the lawyers argued.
The motions will be considered by a federal judge during a hearing scheduled for Oct. 18.
Joe Jackson sued Murray on June 25, the one-year anniversary of his son’s death at age 50. His lawsuit claimed the doctor acted negligently by providing the pop singer with a mix of sedatives, including the anesthetic propofol.
The lawsuit is seeking more than $75,000 in damages.
Murray pleaded not guilty to involuntary manslaughter in criminal court.
Joe Jackson’s attorney, Brian Oxman, said the lawsuit was properly drafted.
“It sets out facts,” Oxman said. “It doesn’t set out anything other than the day-by-day, moment-by-moment description of what happened.”