Judge says wrongful death claims in Aurora theater shooting should be tossed

By: Crimesider Staff
Topics: Daily Blotter

The Century 16 movie theatre where a gunmen attacked movie goers during an early morning movie screening on July 20, 2012 in Aurora, Colorado.

/ Thomas Cooper/Getty Images

(CBS/AP) DENVER - A federal magistrate judge is recommending the dismissal of some of the negligence and wrongful death claims filed against the owner of the Colorado movie theater where a gunman killed 12, but he says other claims can continue.

Pictures: 12 dead, dozens wounded in shooting at Batman movie

U.S. Magistrate Judge Michael Hegarty made the recommendation Thursday in seven lawsuits filed by people affected by the July 20, 2012 theater shooting.

The plaintiffs say Cinemark failed to prevent the attack, while Cinemark argues no one could have foreseen it.

Hegarty said the plaintiffs have to pursue their claims under the Colorado Premises Liability Act, which covers injuries on someone else's property and essentially blocks the negligence and wrongful death claims.

Both sides have two weeks to ask U.S. District Court Judge R. Brooke Jackson to reconsider.

James Holmes, a former graduate student at the University Colorado-Denver, has been charged with multiple counts of first degree murder in the massacre. Holmes attorneys have said he is mentally ill and they have not yet entered a plea in the case.

Complete coverage of the Aurora shooting on Crimesider

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by rightontarget January 28, 2013 4:06 PM EST: "The plaintiffs say Cinemark failed to prevent the attack,"
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Really????? These suits are a JOKE!! Although I really feel sorry for the loss of these folk's loved ones, they are just totally wrong to blame the movie theater owner. Looking for somebody to "punish" in case the wack job who REALLY did the killing gets off on a mental defect excuse???? Really???? Or maybe they are just plain GREEDY!!!
Dang!! The owner had NO WAY to forsee this event and surely is NOT responsible to "protect" movie goers from such a thing! It's not like having fire exits and extinguishers in the place. NOBODY shoud be responsible in this case but the KILLER himself. What do they want? Armed security guards around every movie theater "just in case" some nut job goes off his rocker???? Just like the lunatics who want armed guards in our schools or to arm the teachers (like one of them can't go off his rock too.) Seriously??? What the heck are we comming to if we start thinking this way? That's just WRONG!; Reply to this comment


by talita-koomi January 27, 2013 8:34 PM EST: While I have nothing but sympathy for the families who lost loved ones and the survivors of Holmes' rampage, it WAS Mr. Holmes' rampage; the theater owner had nothing to do with it. There is NO way the theater management could have known nor prevented the evil actions of this maniac. In the future, public venues may have to put in metal detectors at every entrance and post armed guards everywhere to increase the security levels, but as of July, no one was going to the batman movie thinking they might be shot, and they aren't doing so now. We cannot demand every business keep us 100% safe from circumstances beyond their control. There was no negligence on the part of this theater as they tried to cope with this horrific, unexpected attack. These lawsuits make the victims' families look greedy..."I'm hurt, I'm angry... who has the deepest pockets that I can sue?". No doubt there are lawyers behind this hoping to collect fat fees from the tragedy by leveling blame where it does NOT belong. I hope the judge summarily dismisses the suits.; Reply to this comment


by AlisonL916 January 26, 2013 3:54 PM EST: This is ridiculous and just adds to the pile of crap that this poor movie theater owner is going through. Is it not bad enough that some freak chose their theater, then to have the families argue they should never reopen nd then somehow manage to claim that person is responsible/negligent in the deaths of their loved ones? OMG, this seems to me like these family mebers are trying to profit off the deaths of the victims, NOT seeking justice. Accept that your loved one passed and move on with your life. Be angry with James Holmes, nobody else.; Reply to this comment