Midlands Television Studios v. Danny Kosack

## Synopsis

On June 29, 2017, Defendant Danny Kosack was scheduled to appear on the highly-rated show *Midlands After Dark with Alex Grace* (produced by Plaintiff, Midlands Television Studios, Inc.) with Elias, Kosack's chimpanzee.  But a rehearsal before the show went terribly wrong when Elias attacked the people in the room.  Plaintiff's writer, Chris Villafana, was killed during the attack, and Plaintiff and Defendant have sued each other for negligence.

## Details

*MTS v. Danny Kosack* is described as a civil case of negligence. It mainly centers around events occurring in June 2017 at Midlands Television Studios and the Midlands Animal Sanctuary.

Alex Grace was the executive producer and host of *Midlands After Dark with Alex Grace*, a local late-night Midlands television program. The show was produced by Midlands Television Studios (MTS). The show's ratings had fallen in recent years. Grace is an alleged alcoholic, who previously kicked a show employee. Ashley Thornhill, the assistant and makeup artist for Alex Grace, is the person who primarily is the one who makes the allegation Grace is an alcoholic who mistreated Thornhill. Alex Grace also accuses Thornhill of drinking and sleeping on the job. Harper Villafana, the widow of Midlands After Dark show writer Chris Villafana reports that Chris was yelled at by an intoxicated Alex Grace for "not being fun enough," and that Grace threw a glass of wine on Chris's shirt.

Danny Kosack was an animal trainer and the owner and operator of Midlands Animal Sanctuary. The business was previously successful, but eventually ran into money issues. Danny Kosack emailed Alex Grace multiple times trying to get booked on the show with Kosack's chimpanzee, Elias. Alex Grace would eventually direct the show's talent booker, Jameson Clark, to book Elias for the show. Danny Kosack and Elias were scheduled to perform on June 29, 2017. This is despite the fact that Alex Grace had previously banned animals from appearing on the show. Grace suddenly reversed this decision after ratings dropped. MTS was sent a copy of Danny Kosack's safety guidelines, which were to be followed by MTS staff. The guidelines were emailed out to employees, but no safety meeting was held by either Kosack or Grace, except an impromptu one held by Jameson Clark.

Danny Kosack received Elias back in October 2013. Dr. Hawkins contends that Kosack was unreasonable in selecting Elias as a performance chimpanzee. Dr. Hawkins also argues that Kosack failed to properly train Elias for the performance. Dr. Hawkins also notes a previous incident where, after being antagonized by an entertainer in front of a live audience, Kosack lost control of Elias, and Elias began screaming for several minutes in what is called a startle reaction. A startle reaction is when a chimpanzee senses a threat and enters fight or flight mode. Dr. McCoy disputes Dr. Hawkin's conclusions.

Either way, Kosack began training Elias ahead of the June 29th appearance. Kosack trained Elias to perform tricks when Kosack gave Elias hand signals. Danny Kosack admits that Kosack spent only 8 hours training for the hand signals. Kosack also admits that Elias's training was not complete before June 29th, but it was only "a couple of minor movements that I had not confirmed that Elias would do." Danny Kosack also indicates that Kosack wanted to "give Grace the 'ratings gold' that I promised. Regardless, I needed the publicity immediately to save the sanctuary."

Before the performance, Jameson Clark visited Midlands Animal Sanctuary. Clark found the building in disrepair. Clark entered the backroom of the sanctuary and found Kosack training Elias. Kosack gave Elias a thumbs down motion and Elias immediately ran at, and grabbed onto Kosack. Jameson Clark and Danny Kosack talked, and Kosack repeatedly reassured Clark that Elias would be ready for the June 29th appearance.

On June 29th, 2017, Danny Kosack and Elias arrived at Midlands Television Studios. Elias was agitated and screaming at the start of the day. A craft services buffet was set out, which may be in violation of Kosack's safety guidelines. It is disputed when the food was cleared. A show writer, Chris Villafana, along with other writers, ate chicken wings as witnessed by a celebrity guest, A.J. McClellan. McClellan would also hear Kosack expressing doubts about Elias being able to perform that day. Meanwhile, band manager Remy Hollis's drummer, who had a cat allergy, was having a reaction, possibly to cat hair. Hunter Cooper, Alex Grace's stalker, had snuck into the studio by this time wearing an orange hoodie. Cooper overheard Alex Grace telling Danny Kosack, “Guidelines and rules are different, and either way, in show business everyone needs to improvise, you should know that by now Danny." Cooper would also hear Kosack quietly mumbling that, "it can’t be like the last time, Elias is different now," and "if something does happen, Grace deserves whatever Grace gets."

Kosack and Elias went to the rehearsal, and stepped on stage with Alex Grace. The lights were not dimmed, against Kosack's safety guidelines. Kosack eventually left the stage as planned, stood behind Chris Villafana. Kosack began giving Elias hand-signals. Elias had a startle reaction and stood up screaming. Tony Gomes, MTS Human Resources Director, was standing off stage. Alex Grace put up Grace's hand, possibly to signal Gomes to not move any further, but also possibly to reach for Elias (as if to provoke the chimp).

Remy Hollis saw Danny Kosack give Elias a thumbs down hand signal. Elias immediately ran at, and viciously attacked, Chris Villafana. Danny Kosack froze, and Elias eventually ran into a side room where Kosack kept him. Remy Hollis ran out and called 911, and also witnessed what Hollis believed to be an orange cat by the studio doors. Chris Villafana was tended to by Tony Gomes, and was transported via ambulance to the hospital where Chris died of blood loss. Police later put Elias down.

MTS was forced to cancel *Midlands After Dark with Alex Grace* due to negative publicity. Danny Kosack was forced to close Midlands Animal Sanctuary on October 29, 2017, after donations and bookings ceased following the attack. Kosack now works as a caretaker at the Red Hawk Animal Sanctuary in Oxford. Kosack attended Chris Villafana's funeral before Kosack was kicked out by Harper Villafana. Harper Villafana remains widowed and is unable to sue after accepting an insurance payout. Harper holds both MTS and Danny Kosack responsible for Chris's death.

## Witnesses

### Plaintiff

* Alex Grace
* Jameson Clark
* Dr. Willoughby Hawkins

### Defense

* Danny Kosack
* Ashley Thornhill
* Dr. Miller McCoy

### Swing

* Hunter Cooper
* Tony Gomes
* Remy Hollis
* A.J. McClellan (aka Avery Anderson)
* Harper Villafana

## Other Persons (and Animals) of Interest

* Chris Villafana
* Elias
* Jackie Owens
* Kennedy
* Cory Beery
* Cassie and Mipha

## Other Case References

* Remy Hollis states that Remy's band the Hound Dogs were scheduled to perform at Chuggie's Bar on June 29th. This is the same bar that held the events of Daniel v. Chuggie's Sports Bar and State v. Dawson.
* Alex Grace was also a witness in State v. Owens, and Alex's involvement in the events of that case are documented throughout this case.
* Alex Grace mentions that the sinking of the Hepburn chronicled in Allen v. Neptune was an attempt at publicity, as Alex attempted to fake Alex's own death.
* Willoughby Hawkins mentions how Hawkins was arrested for grand larceny at RacheterWorld amusement park. This is the same place where the events of State v. Bowman take place.
* The Expert Article "Best Practices for Dealing with Live Animals in the Entertainment Industry" was co-written by Jordan Rosenthal from Taylor v. Trifecta and Jacob Bennett from State v. Owens.
* Harper Villafana was formerly employed by TBD, Inc., the defendant company from Winter v. TBD. Harper also references the Riley Winter lawsuit in particular.
* Kelly Doos, a witness in State v. Ryder mentions that their booking agent is Remy Hollis.

## Trivia

* This case features a counter-lawsuit by the defense, and as such, both plaintiff and defense have to bear the burden of proof for their respective claims. This is the first known case to feature such an incident.
* So far as is known, this is the only case where one of its witnesses was also an active witness in a previous case. This is Alex Grace, who was also a character witness for the defense in State v. Owens.
* Tony Gomes was always a character present in the case, but only became available as a witness after 2/24/19.