LUCAS JACKSON/REUTERSMichael Jackson with his mother Katherine Jackson in 2005. His mom is taking her wrongful death claim against AEG Live to the California Supreme Court, her lawyer says.
Michael Jackson's mom is heading to the California Supreme Court for another shot at her megabucks wrongful death claim against concert promoter AEG Live.
The music matriarch was denied a re-hearing of her appeal by a lower court Friday, so the next step is an even higher authority, her lawyer told the Daily News.
"We are going to the California Supreme Court. The Court of Appeals missed the point," lawyer Kevin Boyle said.
Katherine Jackson — a front-row fixture during the 2013 jury trial of her unsuccessful $1 billion wrongful death claim — remains committed to holding AEG financially liable for her legendary son's June 2009 overdose death, Boyle said.
One of her lawyers argued her appeal before the California Appeals Court on Jan. 22, but the panel of justices affirmed the original jury verdict a week later and awarded AEG and two executives their costs on appeal.
Katherine then filed her request for rehearing on Feb. 17, with the denial posting on the court website Friday.
Jackson died in 2009 while preparing for a massive concert series in London.
"We're the underdog and we're not supposed to win. But I think we should win under the facts of the law here," Boyle told The News after the hour-long Appeals Court hearing in Los Angeles last month.
"Katherine very much misses her son, and she very much would like to see justice done and is hoping for a favorable result," he said.
Katherine's initial appeal, filed in November 2013, claims the original lawsuit's trial judge incorrectly dismissed negligence and employment claims, and allowed the jury to receive a faulty jury verdict form.
Lawyers for AEG have argued that concert executives had no reason to suspect Jackson's tour physician was giving the "Thriller" singer dangerous doses of a hospital-grade anesthetic behind closed bedroom doors to help him sleep.
In a separate criminal trial, Dr. Conrad Murray was convicted of involuntary manslaughter for giving Jackson a lethal dose of propofol without proper monitoring and live-saving equipment.
Reed Saxon/APConrad Murray was convicted of involuntary manslaughter for giving Jackson the drug propofol and not monitoring its use.
AEG Live lawyer Marvin Putnam has argued that the concert giant was as shocked as anyone to learn Murray, a cardiologist, was giving Jackson propofol.
"It was a long trial and the record is enormous. When you dig into it, they have no basis of appeal," Putnam told The News last month.
"They were given every opportunity to try their case. No evidence was denied them. They weren't limited by time and they failed to (convince the jury)," he said.
"The jury saw that AEG was in no way negligent in the tragic death of Michael Jackson. And nothing done today or in the papers changes that," he said.
