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Mackel said the lawsuit was filed Tuesday by Jonathan Whipple, who was with Will Smith and his group on April 9, 2016, when the shooting happened in the Lower Garden District.

Whipple was accused by prosecutors and the defense of instigating the incident after Hayes and Will Smith got into a traffic accident. Whipple's car was damaged in the crash and the lawsuit said he suffered injuries to his head, neck, back and shoulder.

"William Smith's intoxication while operating his motor vehicle was ultimately a cause in fact of both accidents and the resulting injuries to Whipple," the lawsuit reads.

The lawsuit reads that Whipple is entitled to exemplary damages from Racquel Smith because "William Smith acted in reckless disregard to the safety of others" and since she is the former football player's "succession representative."

Whipple is the brother of Rebecca Dooley, a passenger in Will Smith's car who also filed a civil lawsuit against Hayes. She is seeking damages for mental anguish.

Hayes faces a 60-year prison sentence. He will be sentenced April 19.

The Smith family has not issued a statement about Whipple's lawsuit.

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