Case Types - Wrongful Death

Wrongful death lawsuit case

Supreme Court, New York County

Decided on May 24, 2004

BARRY & SONS, INC., d/b/a BLACKGROUND RECORDS, Plaintiff,

against

INSTINCT PRODUCTIONS LLC, BRENT COERT, and HAROLD "HYPE" WILLIAMS, Defendants.

0603475/2003

Carol R. Edmead, J.
In this action for a declaratory judgment and for negligence, defendant Instinct Productions, LLC ("Instinct") moves for an order, pursuant to CPLR 3211 [a] [7], dismissing the complaint of plaintiff Barry & Sons, Inc., d/b/a Blackground Records, Inc. ("Blackground") in its entirety for failing to state a cause of action.

This case is the most recent lawsuit to arise from the tragic and untimely death of r & b vocalist Aaliyah Dana Haughton ("Aaliyah"), who was killed in an airplane accident on August 25, 2001 in the Bahamas following the filming of a music video entitled "Rock the Boat." According to Instinct, following her death, Aaliyah's parents, individually and as co-administrators and co-personal representatives of her estate, commenced a wrongful death action against Instinct and several other defendants in the Superior Court of the State of California, Los Angeles County. That wrongful death action was ultimately settled with all defendants and voluntarily dismissed on or about October 31, 2003. By the terms of that settlement, Aaliyah's personal representatives released Instinct and every other defendant named in the wrongful death action from all claims related to Aaliyah's death. Blackground commenced this action on November 5, 2003.

The Amended Complaint

Following the commencement of this action, Instinct filed a pre-answer motion to dismiss Blackground's complaint on the ground that it failed to state a cause of action. In response to that motion, Blackground amended its complaint. According to the amended complaint, Blackground was formed in 1992 by Aaliyah's uncle, Barry Hankerson, for the principal purpose of developing, promoting and capitalizing on Aaliyah's considerable musical talents. In or about October 1998, Blackground and Aaliyah entered into a recording agreement which provided that Aaliyah was to make multiple recordings and music videos for Blackground, which, in turn, was to distribute those recordings over a multiple-year period of time. The amended complaint also states that Aaliyah was a ten-percent owner of Blackground, that Aaliyah was Blackground's [*2]principal artist and asset, that Aaliyah and Blackground had become closely identified with one another, and that Blackground had grown its business substantially over the years due primarily to its successful efforts to develop and nurture Aaliyah's singing career.

The amended complaint further alleges that on or about August 20, 2001, Blackground and Instinct entered into an agreement ("the agreement") in which Instinct agreed, for a fee to be paid by Blackground, to produce a music video entitled "Rock the Boat." This agreement is the basis for Blackground's declaratory judgment/breach of contract claim. In asserting that claim against all defendants,[FN1] Blackground's amended complaint alleges that the production of the "Rock the Boat" video, and all the details associated therewith, were under the direct control of Instinct's producer and director who, along with Instinct, were fully responsible for all aspects of the video's production. Blackground further alleges that paragraph 4 (e) (ii) of the August 20, 2001 agreement provides that Instinct "shall be responsible and shall assume liability for . . . any and all loss or damage in connection with the production of the Video except to the extent arising out of Artist's [Aaliyah's] and/or company's [Blackground's] negligence or willful misconduct." Blackground alleges that Instinct failed to perform its obligations under the agreement as Aaliyah was killed in the crash of an airplane obtained and/or chartered by Instinct in connection with the production of the video. Blackground's amended complaint also alleges that Blackground fulfilled all of its obligations under the agreement and that the loss and damage suffered by Blackground did not arise out of its, or Aaliyah's negligence or willful misconduct. According to the amended complaint, Aaliyah's death has resulted in substantial loss and damage to Blackground for which Instinct is liable on account of the fact that Aaliyah's death occurred in connection with the production of the "Rock the Boat" video. The declaratory judgment section of the amended complaint concludes by alleging that there is an actual justiciable controversy between Blackground and Instinct involving an adverse legal interest under a contract and that sufficient immediacy exists so as to warrant the issuance by this court of a declaratory judgment to the effect that Instinct is liable to Blackground for its loss and damage.

Read in full at :

http://www.courts.state.ny.us/reporter/3dseries/2004/2004_24261.htm