Thursday 20 January 2011, 11:11 | By CMU Editorial
Conrad Murray lawyers call for Joe Jackson lawsuit to be dismissed
According to TMZ, lawyers for Dr Conrad Murray have filed a motion to dismiss Joe Jackson’s wrongful death lawsuit in relation to the doc’s alleged involvement in the demise of Joe’s son Michael Jackson.
As much previously reported, Murray is accused of causing the late king of pop’s death by negligently administering the drug Propofol as a treatment for insomnia. Although the criminal case against the doctor is ongoing, Joe Jackson sued the medic for at least $10 million claiming his son’s death had cut off his main source of income, deprived him of companionship and caused him emotional distress.
A chunk of Murray’s original lawsuit was dismissed by a federal judge back in October, who added that what remained of the legal action should be filed with a state rather than federal court. Jackson’s lawyers duly filed a new suit with the courts in California in December.
But Murray’s people are now arguing that a statute of limitations of one year applies in this case, meaning Jackson Senior should have filed his legal papers within a year of his son’s death. The first lawsuit was filed almost a year to the day from Michael Jackson’s passing, but the second set of legal papers that went to the Californian court didn’t arrive until 158 days after the claimed one year deadline.
The Murray lawyers motion for dismissal also reportedly questions the legitimacy of Joe Jackson’s claim, by arguing that the fact he was excluded from his son’s will affects his entitlement for sue for wrongful death.
It remains to be seen if Californian judges buy either of Team Murray’s arguments and choose to throw out Joe Jackson’s claim. Either way, the criminal case against the doc will continue.