Accidental death was tragic, but Hollywood producer not liable

A disturbing case involving the accidental drowning of a young Hollywood executive assistant turns on whether the players in this tragedy were at work or on vacation at the time of the accident and whether an employer has a duty to protect an employee from her own conduct.

Background

It must have sounded like paradise for 28-year-old Carmel Musgrove, who was the executive assistant to Hollywood producer Joel Silver. She was one of 14 or 15 people invited to accompany Silver on a trip to a resort in Bora Bora to celebrate actress Jennifer Aniston’s wedding celebration. Musgrove had her own bungalow at the luxury resort and engaged in activities such as spas, swimming, fishing, and volleyball.

All of the group lunches and dinners included wine, with Silver covering all expenses. He didn’t prohibit his guests from drinking at dinner, at the resort’s bars, or through room service; nor did he require or pressure anyone to drink.

Work time or vacation?

Going to Bora Bora wasn’t a requirement of Musgrove’s job. Rather, in August 2015, Silver invited her to go along if she wanted: If she came, she would continue to receive her salary and would be expected to spend “maybe 10 percent” of her time coordinating with the resort’s staff and others in lining up the recreational activities and meals for Silver and his guests. The rest of her time, however, would be spent “on vacation” like the others, and her travel, lodging, and other expenses would be paid.