Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by whisper » Wed Aug 22, 2007 2:17 pm

Suit can't continue against hospital, Michael Jackson

By Samantha Yale/Staff Writer

August 22, 2007 - A judge in Santa Maria ruled Tuesday that a lawsuit filed against pop star Michael Jackson and Marian Medical Center cannot continue in court as filed.


The suit was filed by the family of a Santa Maria woman who died at the hospital shortly after she was moved to another room to make space for the entertainer to be examined.

Judge Rodney Melville of Santa Barbara County Superior Court, who was also the judge in Jackson's child-molestation case two and a half years ago, granted demurrers filed by attorneys for Jackson and Marian Medical Center. He also gave the attorney for the plaintiffs, San Luis Obispo-based James McKiernan, 30 days in which to file a re-drafted complaint.

McKiernan immediately said he would re-file the necessary documents.

A demurrer is a pleading that attacks the legal sufficiency of an opponent's pleadings.

The complaint, filed in February, alleges abuse of celebrity status and blames Marian Medical Center and Jackson for the “outrageous, circus-like atmosphere they orchestrated during the last hours of Manuela Ruiz's life and its obvious emotional and mental lasting effects upon the plaintiffs.”

The plaintiffs, mostly children of Manuela Gomez Ruiz, are seeking undetermined damages. They allege intentional infliction of emotional distress, negligent infliction of emotional distress, elder abuse, false imprisonment and conspiracy on the part of Jackson, Marian Medical Center and Catholic Healthcare West, which owns the hospital.

During his trial, which ultimately resulted in his acquittal on child-molestation charges, Jackson was taken to Marian Feb. 15, 2005, complaining of flu-like symptoms.

Ruiz, a 73-year-old woman who was on life-support after a massive heart attack, was moved from a two-bed trauma room so that Jackson could privately occupy the room, according to the plaintiffs' complaint.

Ruiz was moved to an exam room, while kept alive by hand-pumped oxygen, until she could be reconnected to life-support machines. She had another heart attack, but milling crowds delayed her arrival at the critical-care unit, according to the complaint. She died later that evening.

During the hearing Tuesday, the attorney for the hospital, Santa Barbara-based Hugh Spackman, argued that facts alleged in the case were filed under an ill-fitting cause of action.

McKiernan, attorney for the plaintiffs, defended the allegations in the complaint as being based on an “outrageous set of facts,” and he described the events surrounding Jackson's hospital stay as “highly unusual.”

Outside court after Melville's granting of the demurrers, McKiernan said the judge didn't find that Jackson or the hospital had a duty to Ruiz's relatives.

McKiernan said he will file a re-drafted complaint in the case.

“We're always confident in our work,” he said.

Spackman and the attorney representing Jackson in the case, Timothy Gorry of Los Angeles, declined to comment on the judge's ruling.



Source: http://www.lompocrecord.com/articles/20 ... news10.txt

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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by InspirationMoonwalks » Wed Aug 22, 2007 3:28 pm

Good to hear. The suit, at least against Michael, was/is pretty meritless. I mean, I could MAYBE understand suing the hospital (though that hasn't really been backed up much either), but going after Michael--who was clearly pretty sick and out of it that day and from my own personal experience of being sick/in the ER, I can attest..the LAST thing you're thinking about, as a patient, is where the people at the hospital are taking you and why..you just want treatment!) just makes the motives behind it obvious...good for Melville for apparently realizing that..well, this time, at least.
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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by danaluvsmj » Wed Aug 22, 2007 6:42 pm

Thank God Melville was smart enough to realize that Michael couldn't control what happened when he was sent to that hospital. He was sick, so how was he supposed to know that a woman who was dying had to be moved? I'm just glad that's over with for now.
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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by Maiky » Thu Aug 23, 2007 10:02 am

It's a great news hearing that this lawsuit can't continue.
I mean, is Michael's fault if he was sick that day he was hospitalised?
That family is just ridiculous.
I don't want to be unsensitive,
I'm sorry that this old woman died because of the misconduct of the hospital,
since I know how it feels when you lose someone belonging to your family, but putting the blame even on Michael is completely unfair and wrong. It is clear that they want money form Michael, but they won't get what they want.

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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by JANIE » Sun Aug 26, 2007 6:20 pm

Do they really believe that Michael went stomping in there and demanded, "I've got the flu, I need a private room; move this woman on life-support out to make room for me?"

For goodness sake... I am very sorry that the lady died but the decision to move her out was not Michael's doing, I doubt he even knew of it, and it's certainly not his fault.
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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by Twittegirl » Mon Aug 27, 2007 9:42 pm

Thanks for posting:)

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Suit can\'t continue against hospital, Michael Jackson (Aug 22 2007)

Post by classicaldj » Thu Aug 30, 2007 8:57 am

This won't go anywhere
“Music is a tapestry of sound,

It comes to me like a leaf that falls from a tree,

Let the song create itself, that’s my lawâ€

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