Christina Grimmie.
An attorney for the family of slain singer Christina Grimmie plans to file a response in August to AEG Live’s assertion that the promoter is not responsible for the death of the former contestant on “The Voice” because there was not a signed contract between her and the company. “She was engaged by them to be on the tour,” said Brian D. Caplan, a New York-based attorney with Reitler Kailas & Rosenblatt.
On behalf of Grimmie’s family, Caplan filed a wrongful death lawsuit against AEG Live and the Orlando Philharmonic Orchestra Plaza Foundation last year, and then re-filed an amended complaint in June. In mid-July, the defendants asked that the suit be dismissed.
Grimmie was shot three times on June 10, 2016, at The Plaza Live theater in Orlando, Fla., by a man who had carried two 9mm Glock handguns, two magazines and a large hunting knife into a meet-and-greet with the artist following her performance, according to the amended complaint filed by Caplan in the Orange County, Fla., Circuit Court, on June 13, 2017.
The lawsuit against both AEG Live and the Orlando Philharmonic Orchestra Plaza Foundation, which owns the theater, does not request a specific judgment or compensation amount.
The complaint lays out Grimmie’s short career. The New Jersey native and her family—father Albert Grimmie Jr., mother Tina Grimmie and brother Marcus Grimmie—had left their home to live in California and changed their lifestyles to support Christina’s rising career that began with YouTube videos and escalated after a management deal was signed with singer Selena Gomez’s stepfather.
When the singer made it onto the sixth season of the NBC hit reality show “The Voice” in 2014—after enthusiastic turnarounds from all four judges after she belted out a heartfelt version of Miley Cyrus’ “Wrecking Ball”—Grimmie was coached by judge Adam Levine. She came in third. Two years later, she was on tour with an Orlando-based pop band Before You Exit when she was gunned down after her performance.
Caplan said he did not want to “litigate the case” prior to trial, but arguments laid out in the action seem to indicate that the plaintiffs will argue a responsibility on the part of AEG Live, which had a contract with Grimmie to appear on tour with Before You Exit, and with The Plaza Live, which had signs up stating a “no guns” policy. However, the complaint states, the venue did not take that far enough because fans did not have to pass through metal detectors and only “superficial” bag checks instead of body pat-downs were employed.
In a response filed July 17, 2017, both AEG Live and The Plaza Live put forth their own arguments, including the assertion that The Plaza Live had experienced no prior history of violent crime and had no expectation that the audience—largely made up of preteen girls—would pose a threat to the artists. It also stated that no one from Grimmie’s management team had alerted AEG Live or the venue that she was being followed by a “violent stalker.” The response also indicates that the defendants do not put any weight into the statement in the complaint that 40 percent of Florida residents own guns.
The shooter, 27-year-old Kevin James Loibl, was tackled by Grimmie’s brother Marcus, who was working for the singer. Loibl then broke free and shot himself dead. Christina Grimmie died later that evening.
The defendants’ response indicates that the initial filing asked for “lost income” due to Grimmie’s death, which was dismissed by the defendants. “In the instant case, the Plaintiffs’ Amended Complaint does not allege that the decedent Christina Grimmie’s estate included a surviving spouse or lineal descendant,” according to the response.
Marcus Grimmie filed an additional claim for “negligent infliction of emotional distress,” which The Plaza wants thrown out, claiming that it is barred by legal authority related to Florida’s Impact Rule. The Impact Rule, which has been dismissed by several other states, asserts that in order to have a valid claim, a victim must have experienced a physical impact in order to get a recovery for mental distress.
Michael Roth, vice president, Communications, AEG, declined to comment on the case, stating, “We don’t comment on pending legal issues.” No one answered the phone at The Plaza Live.
Caplan said his team has until “sometime in August to put in opposition to each of the two motions” filed by the defendants. He expected a court date to be set for a hearing in the latter part of September, “but that is subject to agreement.”
As indicated by the filing, insufficient security will be part of the claim, Caplan said. “We allege in the amended complaint that the venue had a ‘no guns’ sign on the outside and did a bag check, but didn’t do body pat-downs or use a metal detector. And we allege that 40 percent of the population of Florida owns or possesses guns. We also allege that when somebody goes on tour, they look to the promoter to be the actual provider of security. Generally, they have a contractual relationship with the promoter, not the venue.
“Different types of venues would require different types of security,” he added. “In this case, when a performer goes in to perform at a venue and there is a ‘no guns” sign, that means the venue undertakes some security measures, and they need to do it right. And if they fail to provide adequate security, they should be responsible for the results.”