TMZ reports that Mariah Carey’s bodyguard dragged a man out of the backstage area of her concert on Thursday night. The man, James Pablo, insists that he is a credentialed member of the press and had every right to be there.
Pablo told TMZ that Carey agreed to take a picture with him, but when he leaned in for a selfie, her bodyguard pounced. Carey’s bodyguard apparently yanked the lanyard hanging around Pablo’s neck before using it to drag him outside.
Unsurprisingly, Carey’s team tells a different story…
Mariah Carey’s team believes that Pablo was not, in fact, a credentialed journalist. They suspect he is actually a stalker who snuck backstage with a fake pass. The bodyguard jumped into action when it appeared as though Pablo was about to attack Mariah!
Is he a journalist or not? Who knows! A quick google search doesn’t reveal any written work that is easily attributable to his name. A quick Linkedin search didn’t reveal any writers/journalists by his name. But you know what? It actually doesn’t matter.
Pablo was pissed enough after being kicked out to track down some cops and file a report. He took pictures documenting the injuries sustained by the bodyguard. Regardless of whether or not Pablo is actually a stalker, he can now file a civil suit against the bodyguard AND Carey.
How can he possibly sue Mariah Carey over this incident?!? I know that’s what you are thinking. Here’s how: vicarious liability.
When an employee or independent contractor commits a tort while acting within the scope of his employment (those are the magic words) the employer can be held liable for any damages caused as a result of the employee’s actions.
To succeed in a suit against Carey, Pablo will have to show (1) that the bodyguards conduct occurred within the time, space, and limits of his employment; (2) the bodyguard was acting in service to the employer; and (3) the act was one that the employee was hired to perform.
This incident is so textbook vicarious liability I am having flashbacks to my torts final.
If you think Pablo will be barred from bringing suit if an investigation reveals that he is actually a stalker and not a journalist, you’re wrong. In 2012, a drug addict was shot by a 90-year-old man he was trying to rob. The drug addict sued the old man for injuries sustained from the gunshot! In 2014, a 23-year-old Deleware man filed suit against employees of the store he robbed… from jail.
It should be noted that most of these cases are thrown out. But you’ve got to go to court to get a case thrown out. And if you’re going to court, you’re paying legal fees.
We’ll keep you posted as further legal issues arise! In the meantime, I imagine Mariah Carey’s bodyguard will be getting a refresher course on how to remove a threat without injuring anyone in the process.