In November, MPBF attorneys Bryan L. P. Saalfeld, and Gerald Kipper successfully defended their client from wrongful death claims during a 3-week jury trial. After a half day of deliberation, the jury rejected Plaintiffs’ claims for $ 18.5 M in damages at trial, finding that MPBF’s client did not place the decedent in an unreasonable risk of harm and therefore owed her no duty.
In August 2015, Carmel Musgrove, 28 years old and a personal assistant to movie producer Joel Silver, went missing during a stay at the Four Seasons Resort Bora Bora with Silver and his friends and family. Her body was found in the lagoon around 24 hours after she was last seen alive. Local authorities investigating Musgrove’s death determined that she had died by drowning due to a combination of overconsumption of alcohol, consumption of cocaine, work fatigue, heat stroke from a day fishing out at sea, and swimming in the lagoon at night in unfavorable weather conditions. Authorities found no signs of foul play or sexual assault.
Musgrove’s parents, Ronald Musgrove and Ann Musgrove, sued MPBF’s client, as well as Joel Silver, Silver Pictures Entertainment, and Silver-Katz Holdings, LLC for negligence and wrongful death. According to the complaint, the personal chef of Silver and a coworker of Musgrove’s, allegedly supplied her with alcohol and cocaine the night of her death. Plaintiffs’ counsel alleged the other defendants were vicariously liable for Musgrove’s death. All parties except MPBF’s client were either dismissed or settled prior to the start of trial.
At trial, the jury found no liability on the part of MPBF’s client.