What was supposed to be a fun night for Missouri teens on spring break in Florida turned into a tragedy when 14-year-old Tyre Sampson fell from his seat on a FreeFall amusement park ride and died.

Now, as the parents and the state of Florida try to make sense of the terrible accident, Sampson’s parents are moving forward with legal action. Sampson’s parents have filed a wrongful death lawsuit.

What Went Wrong on the FreeFall Ride?

In Orlando’s ICON Park stands FreeFall. Referred to as the “world’s tallest drop tower,” the ride rises to 400 feet in the air before dropping passengers on a freefall. It is a relatively new ride that opened in December 2021.

On March 24, 14-year-old Tyre Sampson wanted to take a ride on FreeFall. The teen was visiting Florida while on spring break with a friend’s family. He took a seat on FreeFall, and no one stopped him — even though they should have.

The ride’s operating manual says the maximum passenger weight for the ride is 286. Samson stood at 6 feet, 5 inches and reportedly weighed 360 pounds.

He should not have been allowed on the ride, and according to reports, the ride should not have operated without his seat being secure.

But, the ride took off.

On the ride’s descent, Sampson fell from his seat and was tragically killed.

Related: Examples of Wrongful Death Cases: Do You Have a Case?   

The Findings from Florida’s State Investigation

After the tragic event, the state of Florida hired the forensics company, Quest Engineering to determine what went wrong on the ride. Released on April 18, 2022, the report indicated that “manual adjustments” were one of the factors that contributed to the accident, as reported by Fox 35 in Orlando.

Florida Agriculture Commissioner, Nikki Fried shared some of the findings during a press conference:

“The report confirms that manual adjustments had been made to the sensor for the seat in question that allowed the harness’ restraint opening to be almost double that of the normal restraint’s opening range.

These misadjustments allowed the safety lights to illuminate – improperly satisfying the ride’s electronic safety mechanisms — that allowed the ride to operate even though Mr. Sampson was not properly secured in the seat.”

One week after the state’s report was released, Sampson’s family filed a wrongful death lawsuit.

Related: How Do You Sue for Wrongful Death? 

Wrongful Death Lawsuit Filed by Sampson’s Family

The 65-page wrongful death civil lawsuit was filed in Orange County’s Ninth Judicial Circuit Court on behalf of Sampson’s parents, Nekia Dodd and Yarnell Sampson, and Sampson’s estate.

According to Fox 35 in Orlando, the lawsuit names the owners and manufacturers of the Orlando FreeFall ride, the operators of ICON Park which is the amusement park where the ride is located, and the construction company that built the ride.

The wrongful death suit alleges that the defendants:

• Failed to follow ride’s safety guidelines
• Failed to ensure Sampson was properly secured before the ride took off
• Failed to post warnings about height and weight restrictions
• Failed to install adequate restraints systems

The lawsuit requests trial by jury and seeks an unknown amount of damages. It states that Sampson “had a long and prosperous life in front of him that was cut short by this tragic event.”

How to Prove Fault in a Wrongful Death Case

Attorneys representing Sampson’s family will now seek to prove in court that the accident should never have happened and that the named defendants are to blame.

To prove fault in a personal injury case, attorneys in Sampson’s case must prove four things.

1. Negligence: Attorneys must show that that accident was caused because one or more people or businesses were aware of an unsafe condition and failed to act to make it safe.
2. Causation: Attorneys must show that the proven negligence was the direct cause of the accident. The accident only happened because of the negligence.
3. Damages: Attorneys must show that damages were caused as a result of the accident. Damages can be monetary (such as cost of funeral, loss of potential income, etc.) and non-monetary (such as emotional trauma, loss of companionship, etc.).
4. Breach of Duty: Attorneys must show that the defendant or defendants had a duty to provide a safe condition for the plaintiff.

The Sampson family lawsuit was filed on April 25, 2022, and no court dates have been set as of now. The Sampson family will seek to get their day in court and find justice for their son.

Related: 6 of the Most Commonly Asked Questions About Personal Injury 

Seeking Justice in Wrongful Death and Personal Injury Cases

If you or someone you love was injured in an accident, you deserve justice. Talk to a personal injury or wrongful death attorney about how you can hold parties accountable for negligence that resulted in an accident or damages.

See if you have a case worth fighting for. Schedule a time to talk to TJ Grimaldi today. To talk to TJ, schedule your free consultation or call 813-226-1023.

When two drivers encountered each other on the narrow and quiet streets of St. Petersburg’s Historic Old Northeast neighborhood, no one would have guessed it would have led to road rage, a shooting, and the death of one man.

Now, a trial has finally started almost three years later to determine if the shooter will walk away after claiming he shot two men in self defense.

What Happened on the Road?

On March 27, 2019, Quentin Hicks, 42, was driving a black convertible BMW while in town visiting from California. He was on his way to see his father and in his front passenger seat was Tyler Oliverbrooks Acker, now 34.

The two were driving through the narrow streets of St. Petersburg’s Historic Old Northeast neighborhood when Acker says they thought they had the right-of-way and drove through an intersection. At that time, they were cut off by a Blue Hyundai Santa Fe driven by William Shutt, now 34. The BMW turned down a street and then the car driven by Shutt appeared again and began to taunt them.

According to reports, Hicks and Shutt then pulled up next to each other at the same intersection.

Acker and Shutt have different accounts of what happened next.

Shutt’s attorney, Roger Futerman, says the two men in the BMW yelled at his client. According to a story by the Tampa Bay Times, Futerman said Hicks yelled, “I’m going to f – – king kill you,” at Shutt, and that Acker yelled, too.

Shutt says he thought Hicks reached down to grab something. Shutt assumed Hicks was reaching for a gun. That’s when Shutt fired his own gun, shooting both Hicks and Acker. Hit by the bullet, Hicks drove through the intersection and crashed into a tree. He died on the scene while Acker suffered a gunshot to his leg.

Acker denies Shutt’s claims. He says he and Hicks didn’t yell and that their hands were clearly visible the entire time.

An Arrest One Week Later

It took one week for Shutt to be arrested for the shooting. He was charged with second-degree murder and attemped second-degree murder, and he has been held without bail at the Pinellas County jail since his arrest in April 2019. His trial began this week.

In opening statements, Prosecutor Elizabeth Traverso pointed to the careless, remorseless way that Shutt handled himself after the shooting. She said Shutt didn’t call 911 after the incident. He didn’t tell his girlfriend. Instead, evidence shows he searched for information about countries that didn’t allow extradition back to the United States, according to reports by the Tampa Bay Times.

Police say that during their investigation, they found that Shutt had stockpiled weapons. He also saved videos and articles about mass shootings and murder. A search warrant says that Shutt also confessed to another shooting in an antique store in Delaware.

Shutt also had a record of careless driving. Just five days prior to the shooting, Shutt was cited for careless driving after causing a crash. According to a story by 10 Tampa Bay, he was also cited for reckless driving in 2018.

Despite the evidence against him, Shutt and his attorneys are claiming that he acted in self defense. Will it work?

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

How To Prove Self Defense

In Florida, laws protect people who use deadly force when they feel their life is threatened.

Often referred to as Florida’s “Stand Your Ground” law, Florida Statute 776.012 says:

“A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.”

Florida Statute 782.02 also addresses self defense. It reads:

“The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.”

In self defense cases, a criminal defense attorney can argue that a defendant’s life was threatened, and they acted with deadly force to protect themself. To prove their case, Shutt’s attorney will need to prove that Shutt felt that Hicks and Acker were planning to take Shutt’s life before he took Hicks.

If Shutt fails to prove his claim, he could face life in prison.

The trial will continue this week.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Talk to an Attorney You Can Trust

Facing any type of criminal charge is serious, and you need an attorney you can trust by your side. If you need legal advice about a criminal charge against you, talk to an experienced attorney right away to ensure that you get the most just and fair outcome possible.

If you need assistance, contact TJ Grimaldi today. Request your consultation or call 813-226-1023 to schedule a call and discuss your case directly with TJ.

By now, most Americans have heard the biggest story of the 2022 Oscars. Will Smith walked on stage and slapped Chris Rock across the face. Nothing like this has ever happened in the 92-year history of the Oscars, and the incident left people with many questions.

But, one of the most consequential questions is: Could Will Smith face legal charges for slapping Chris Rock at the Oscars?

What Led Up to Will Smith Slapping Chris Rock?

The shocking incident happened fast.

Chris Rock took the stage to introduce the nominees for Best Documentary. He began with a few jokes. One joke referred to Smith’s wife Jada’s short hairstyle. Jada Smith was visibly upset by the joke. She has been vocal about how having alopecia has affected her hair loss.

At first, Will Smith appeared to laugh at the joke but then moments later, he walked on stage in what seemed to be a joke at first and slapped Rock across the face.

Rock looked stunned. Will returned to his seat where he yelled to Rock, “Keep my wife’s name out of you f***ing mouth.” Rock rebounded, said he would, and continued on to the award.

The incident set a new tone in the theater, yet Smith was not approached by security or asked to leave. Later in the evening, he returned to the stage to accept an Oscar for Best Actor.

At the time, it seemed like Smith was facing no consequences for his action. But, could he?

What Criminal Charges Could Will Smith Face?

The incident happened in Los Angeles so it would fall under California state laws.

In California, the incident would be considered a battery charge. Battery is the intentional act of force or violence against another person. It is defined under Cal. Penal Code § § 240, 242.

In most cases, battery charges in California are classified as a misdemeanor, but they can be charged as a felony at the prosecutor’s discretion. It’s likely that the Smith case would be classified as a misdemeanor as it doesn’t meet the qualifications often associated with felony battery (such as an assault on a police officer or public worker).

Charges could be more severe depending on the level of Rock’s injury. Battery causing serious bodily injury can lead to longer jail time.

At this time, it doesn’t appear that Rock has any serious injuries so if Smith were to face charges, he would likely face a simple battery charge.

Battery in California could be punishable by:

• Up to six months in county jail
• Fine up to $2,000
• Probation up to six months

So, will Smith face charges?

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Could Will Smith Face Criminal Charges?

There is clear evidence that Smith hit Rock. It was broadcast live to roughly 16.6 million viewers.

But, that doesn’t necessarily mean Smith will face charges.

Rock has declined to press charges or file a police report. Rock’s participation is not required to file charges against Smith, but Rock’s lack of interest in pursuing legal action likely means no case will be opened.

The Los Angeles Police Department says it is aware of the incident but was not pursuing any other action.

Defense lawyer Alan Jackson, a former Los Angeles County prosecutor who oversaw high-profile cases, told ABC News why the state will likely not investigate the case further.

“Would they ever in a practical world do that when Chris Rock is saying, ’I won’t cooperate with a criminal investigation?’ Not in a million years. LAPD is probably breathing a relative sigh of relief that they don’t have to get involved with two high-profile actors duking it out on a world stage,” said Jackson.

While it remains to be seen if the Los Angeles city attorney’s office will decide to bring charges against Smith, it seems unlikely at this time.

Related: What to Ask During a Free Consultation with a Lawyer

Could Chris Rock File a Civil Case Against Will Smith?

In cases where a person is assaulted, the victim may have an option to sue for personal injury in civil courts. There does not need to be criminal charges to pursue a personal injury case.

Rock could technically file a personal injury case against Smith, but it is also highly unlikely.

Rock has already said that he is not pressing charges in the criminal matter so it is unlikely that he would pursue a civil case. Also, to secure a win in a civil personal injury case, Rock would need to prove that he experienced damages as a result of the incident. At this time, it does not appear that Rock was seriously injured or sustained any type of meaningful damages.

But, like potential criminal charges against Smith, civil charges could happen. Time will tell, but it’s unlikely to happen.

Related: What’s the Difference Between a Civil and Criminal Case? 

Talk to an Attorney If Facing Criminal or Civil Charges

Potential criminal charges and civil charges can lead to serious consequences. If you or someone you know has been charged in either court, talk to an experienced attorney right away.

Even if you have been involved in an incident and charges aren’t filed yet, it’s still important to talk to an attorney and start a legal strategy right away. Talk to TJ Grimaldi about the details of your situation with a free consultation. Request your consultation or call 813-226-1023 today

Five years ago, actor Bill Paxton died two weeks after a surgery that was supposed to save his life. His family believes the level of care he received led to his untimely death, and they are fighting in court to prove it.

As of this month, their battle is half over. They recently won a $1 million settlement in the wrongful death lawsuit.

What Led to Bill Paxton’s Death?

According to his death certificate, Paxton was born with a form of heart disease called bicuspid aortic valve. People with the disease have only two small leaflets in the aortic valve, instead of the usual three. The defect decreases blood flow in the heart which increases the risk of aneurysm, stroke, or heart failure.

It’s estimated that 2% of the population suffers from a bicuspid aortic valve, and of the people affected by the disease, roughly a third experience complications. In February 2017, Paxton experienced complications, suffered an aortic aneurysm, and underwent valve replacement surgery.

Two weeks later, Paxton died on February 25, 2017. Complications from surgery resulted in a stroke that killed the 61-year-old actor.

One year later, Paxton’s family filed a wrongful death lawsuit. According to the lawsuit, complications from the surgery were said to include excessive bleeding, cardiogenic shock, right ventricular dysfunction, and a compromised right coronary artery.

According to Page Six, the family alleged that healthcare providers, “misrepresented and/or concealed information relating to the risks of surgery and care that would be provided and/or failed to adequately explain the proposed treatment or procedure.”

Related: How Do You Sue for Wrongful Death?

The Details of the Wrongful Death Lawsuit

The wrongful death suit was filed by Paxton’s wife, Louise, and his children, James and Lydia.

The suit filed in February 2018 listed Cedars-Sinai Medical Center in Los Angeles and Dr. Ali Khoynezhad, the surgeon who operated on Paxton, as defendants. Later, General Anesthesia Specialists Partnership and anesthesiologist, Dr. Moody Makar were also added to the wrongful death and negligence lawsuit.

The Paxtons allege that they were misled about the safety of the procedure performed on Paxton and about the experience of the involved doctors.

At the time of the initial filing, the attorney representing the Paxton family Bruce Broillet offered a statement, “Bill Paxton and his family trusted the physicians and staff at this medical facility but instead Cedars-Sinai betrayed their trust.”

“The surgeon’s actions resulted in this tragic and preventable death,” he added.

The family believe the surgeon used “high risk and unconventional surgical approach” during the procedure, which ultimately led to Paxton’s death. They also said Khoynezhad and Cedars-Sinai, “Failed to disclose that Khoynezhad was going to use a high risk and unconventional surgical approach with which he lacked experience and which was, based upon information and belief, beyond the scope of his privileges.”

Related: Examples of Wrongful Death Cases: Do You Have a Case?   

The Details of the Wrongful Death Settlement

Now, four years after the initial wrongful death lawsuit was filed, the Paxton family has settled with General Anesthesia Specialists Partnership and Dr. Moody Makar.

While the two defendants deny responsibility, they have settled the case as part of what they call a “business decision,” as reported by NBC News.

According to court records, the group, “contends that its personnel complied with the standard of care insofar as their involvement in the care and treatment of … Paxton, and nothing their personnel did or didn’t do caused or contributed to his death.”

Paxton’s family will receive $1 million in the settlement.

Related: 11 Examples of Medical Malpractice Cases Worth Fighting For  

Does This Mean It’s Over?

The $1 million settlement only ends half of the Paxton family’s wrongful death lawsuit. The other two defendants, Cedars-Sinai Medical Center and Dr. Ali Khoynezhad, are still in a legal fight.

The Paxtons are planning to go to trial where their legal team will need to prove:

• Cedars-Sinai Medical Center and Dr. Ali Khoynezhad were negligent in that they were aware of an unsafe condition and failed to act.
• It was the duty of Cedars-Sinai Medical Center and Dr. Ali Khoynezhad to provide safe conditions.
• The negligence of Cedars-Sinai Medical Center and Dr. Ali Khoynezhad directly led to Paxton’s death.
• Paxton’s family experienced monetary or non-monetary damages as a result of Paxton’s death.

According to NBC News, a trial date for the remaining defendants in the case is scheduled for September.

Do You Have a Wrongful Death Claim Worth Fighting For?

Wrongful death cases are a type of personal injury case. They are cases where the negligence of one or more parties caused not just the injury, but the death of another party.

If someone close to you died because of the negligence of another person or company, you deserve justice. Talk to a personal injury attorney with experience in wrongful death litigation, and see if you have a case worth fighting for.

If you’d like to talk to an experienced wrongful death attorney right away, contact TJ Grimaldi. Request your free consultation to speak directly with TJ about the details of your case. Schedule your free consultation or call 813-226-1023 today.

After waiting for more than eight years to get justice for her husband, Nicole Oulson got the terrible news that the man who killed her husband in front of her would walk free.

On Friday, February 25, 2022, a jury of six found Curtis Reeves not guilty of the murder of Chad Oulson.

An Eight-Year Wait For the Wrong Verdict

TJ Grimaldi has been representing Nicole Oulson throughout the eight-year legal battle and says the verdict and the years leading up to the trial are in many ways a failure of justice.

For eight years, after shooting Chad Oulson in a movie theater, 79-year-old Reeves has been able to be home with his family while waiting for his day in court. From the onset, his legal team did everything they could to delay the trial knowing it would keep Reeves out of prison.

“After the horrific day on January 13, 2014 where Curtis Reeves murdered Chad Oulson, Nicole Oulson and the Oulson family were forced to live with delay after delay for over eight years in their attempt to seek justice. To have to suffer like that, knowing that Mr. Reeves was able to be home with his family made the wait that much more difficult,” says Grimaldi.

Now, after a three-week trial, the Oulson family did not get the justice they’ve been patiently waiting for. The jury took approximately 3 ½ hours to decide to acquit Reeves of the two charges against him: aggravated battery with a deadly weapon and second-degree murder.

The verdict comes after multiple witnesses took the stand and described the same scene in the movie theater over and over. Curtis Reeves and Chad Oulson exchanged heated words. Popcorn flew in the air, but Chad Oulson didn’t appear to try and hit Reeves. Reeves pulled out his firearm and shot Chad Oulson in the chest, killing him and also injuring Nicole Oulson.

Grimaldi says the not guilty verdict adds even more pain to a family who has already gone through years of heartache waiting for the case to go to trial.

“To get slapped in the face with not guilty verdicts is just like getting salt in a wound,” Grimaldi says.

Related: Movie Theater “Stand Your Ground” Case To Finally Start Trial 8 Years Later

No Justice for the Oulson Family

“As for the Oulson family, I will always be here to assist them in any way possible as it was my honor to be chosen to help them from the outset,” says Grimaldi.

But at this point, there isn’t much the Oulson family can do. A not guilty verdict removes any chances of a criminal conviction, and civil lawsuits against Curtis Reeves, Cobb Theater, and theater-employee Thomas Peck have already been settled.

Grimaldi believes the verdict sets a dangerous precedent for future cases.

“I worry for the future of our state as it seems as if people can get away with anything, as long as they can afford to pay the price,” he says.

“This case is another stain on the legal process in Florida. Some will try to say this will not set a bad precedent because the facts are unique. To that, I will say that creative lawyers learn how to adapt their facts to fit into certain parts of this case and who knows, one day someone will kill someone else as a result of a pillow fight, and they will be allowed to continue to live a free life,” Grimaldi says.

Grimaldi doesn’t blame the prosecutors for being unable to secure a guilty verdict in the case. Instead, he blames a system that rewards defendants with the resources and connections.

Reeves is a retired Tampa police captain.

“I do believe that the prosecutors did all they could to convict Curtis Reeves as I was familiar with their strategy and was there for this entire trial. But unfortunately, they had to fight an uphill battle at every turn, including the defense being allowed to introduce basically anything they wanted,” says Grimaldi.

Related: Curtis Reeves Movie Theater Shooting Trial Enters Week Three

The Jury Got It Wrong

At the end of a trial, the case is ultimately in the hands of the jury. In this case, Grimaldi feels they simply got it wrong.

“I do not believe the defense or the defendant did anything to advance their position. The jury just plain got it wrong. If I am incorrect and somehow the jury got it right, I fear for our future and the future of our judicial system,” says Grimaldi.

For now, Grimaldi is providing support to the Oulsons during this difficult time. They have waited eight years and been forced to relieve the tragedy over and over in court, only to get no justice for a man who was a friend, husband, and father, senseless shot and killed during the trailers of an afternoon movie date with his wife.