The promoters behind the late Michael Jackson’s London residency have asked for a lawsuit against them to be thrown out.
AEG were the subject of legal action by Katherine Jackson, the mother of the late star ‘ who died of acute Propofol intoxication in June 2009 ‘ who accused the firm of causing her son’s death by pushing him to rehearse too hard for a planned run of 50 concerts, despite his ill health.
The promoters have now filed an objection to the suit in Los Angeles Superior Court, arguing the ‘legal sufficiency to the pleading”.
In the court documents obtained by RadarOnline.com, AEG – and Michael’s longtime collaborator, choreographer Kenny Ortega – state: “The complaint gets one thing right, Michael Jackson’s death on June 25, 2009 was a tragic event. It was tragic for his children. It was tragic for his fans. And it was tragic for the Defendants here, who had laboured tirelessly to make a reality of Michael Jackson’s dream of a triumphant return to the world’s stage.
‘Otherwise, however, the complaint gets both the law and facts entirely wrong.
‘Not only do the plaintiffs fail to allege any cognisable legal claim (indeed, their novel theories go far beyond those previously recognised by any court), but many of their allegations are proven false by the very documents they refer to and upon which they necessarily rely.
‘As such, the complaint warrants immediate dismissal with prejudice.”
Katherine’s suit, which was filed in September, alleged the firm specifically ‘selected, hired, and controlled’ Dr. Conrad Murray ‘ who has been charged with involuntary manslaughter of the singer ‘ to ensure her son fulfilled his concert obligations regardless of his health.
Her legal documents claimed: “Indeed, AEG demanded and required that Michael Jackson be treated by this particular doctor to ensure that Michael Jackson would attend all rehearsals and shows on the tour.
‘AEG had a responsibility to treat him safely and to not put him in harms’ way.
“AEG, despite its knowledge of Michael Jackson’s physical condition, breached those duties by putting its desire for massive profits from the tour over the health and safety of Michael Jackson.’
AEG have, however, countered these claims by Katherine.
They responded: “Michael Jackson was not helpless or incompetent; he lived in his own home, negotiated his own contracts, engaged his own attorney’s and care for his own family. He at all times retained the option of refusing Dr. Murray’s services, or of cancelling his agreement with AEG.
‘Similarly, defendants’ alleged request that Dr. Murray assist Michael Jackson in attending rehearsals could not conceivably have put Defendants on notice that Dr. Murray was likely to administer anesthesia in Michael Jackson’s home.”
The next scheduled hearing in the case will take place on February 2, 2011.