By Liv Caputo, The Florida Phoenix
One of the nation’s most powerful law firms is wading into the war against OpenAI, representing two students claiming ChatGPT’s negligence may have caused their wounds in a shooting rampage at Florida State University last spring.
John Morgan, a Democrat mega-donor and founder of the new “Common Ground” party in Florida, is the latest Florida legal figure to recognize that as the burgeoning artificial intelligence industry swells, so do its alleged shortcomings. Most recently, this is reflected in the legal onslaught against ChatGPT for instructing alleged shooter Phoenix Ikner how to use his guns — mere minutes before he killed two and injured five others.
“OpenAI’s alleged negligence in these cases is the latest example of a company valuing growth and profits over public safety,” Morgan and attorney Christian Leger said in a joint statement. “Our clients, two young students who have had their lives disrupted and their sense of safety shattered, hope their lawsuit compels OpenAI to do better and protect people from the dangers of their products going forward.”
Morgan & Morgan’s clients are Elizabeth Mall and Madison Askins, two students harmed during the attack. Although Mall’s injuries haven’t been disclosed, Askins was interviewed from her Tallahassee Memorial Hospital bed days after the shooting, when she described being shot in the hip and playing dead.
Both suits seek a jury trial and demand punitive damages, although the figure isn’t enumerated.
The suits, nearly identical and filed in Tallahassee’s federal court on Monday, add to two other cases and one planned suit against OpenAI for its role in the April 17, 2025, attack. The family of South Carolina man Tiru Chabba, one of two men killed in the shooting, sued in federal court while student Alianna Grant, shot three times, filed in state court.
The widow of the other murdered man, Robert Morales, also plans to sue the company. But the biggest legal headlines have been drawn by Florida Attorney General James Uthmeier, who launched both a civil suit and a first-in-the-nation criminal investigation into OpenAI to examine whether executives or developers could be found criminally liable for the murders.
“If ChatGPT were a person, it would be facing charges for murder,” Uthmeier said at the time. Both Askins’ and Mall’s complaints begin with his quote.
What’s in the suits?
Both suits seek damages for medical expenses, pain and suffering, mental anguish, and emotional distress, alleging Mall and Askins were, “as a direct and proximate result” of OpenAI, harmed by the company’s “aiding and abetting behavior.”
They allege that Ikner would have been “wholly incapable” of properly identifying, loading, and using his guns if it weren’t for ChatGPT — which they say “actively assisted and encouraged” the mass shooting.
“Ikner’s attack was carefully planned with the sycophantic assistance of his favorite chatbot — ChatGPT,” the complaint says.
“ChatGPT had information indicating that Ikner was an FSU student, had been bullied, struggled socially, had mental-health issues, was interested in extremist ideology, had discussed terrorism and mass shootings, had uploaded guns, and had asked about weapons, ammunition, lethality, notoriety, and crowd timing.
“ChatGPT failed to connect the dots, failed to escalate the situation for human review, ChatGPT failed to suspend or restrict Ikner’s access, and failed to trigger any effective intervention,” the brief continues.
They referred to thousands of messages between 20-year-old Ikner and ChatGPT in the year leading to the attack. The Phoenix previously reported that conversations included graphic sexual descriptions of a minor and another college student, sexual conversations about family members, and repeated references to Timothy McVeigh, the Oklahoma City bomber.
He consulted the chatbot about weapons, how Florida treats school shooters, and the busiest time at the student union. Prosecutors are seeking the death penalty.
Just three minutes before Ikner opened fire, he asked ChatGPT how to remove the safety on his shotgun. It told him.
In an earlier statement to the Phoenix, OpenAI denied all wrongdoing and insisted it has been cooperating with authorities.
Morgan, 70, continually ranks in the Top 10 of Orlando’s most powerful people. He employs people in all 50 states and is worth roughly $1.5 billion, according to Forbes. Morgan & Morgan is worth $2 billion.
In Florida, Morgan is a frequent donor to Democratic candidates. He was architect of ballot initiatives that raised the state’s minimum wage and legalized marijuana.
Last year, he toyed with running for governor — initially as an independent. Morgan later said that, while he wouldn’t enter the race, he was starting a new “middle ground” party called Common Ground. He said it’s designed for Floridians who feel “left behind” by Democrats and Republicans.
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