The movie theater chain says it is not responsible for alleged gunman James Holmes’ fatal rampage at the Century 16’s midnight screening of The Dark Knight Rises on July 20 in Aurora, CO. “Plaintiff’s claims against Cinemark are grounded in nothing more than allegations that a random unbalanced individual randomly chose this theatre on this random night at this random time to randomly murder and injure other human beings. Random acts, by very definition, are not legally foreseeable,” the company said in a motion to dismiss (read it here) filed yesterday. Last week, audience members Denise Traynom, Brandon Axelrod and Joshua Nowlan sued the chain for failing to provide adequate security at the theater on the night that saw 12 people killed and 58 wounded. Cinemark says besides not being able to foresee Holmes’ actions, the suits should be dismissed because they fail to state a claim on which relief can be granted. The plaintiffs say that in each case damages exceed $75,000, and they are asking for a jury trial.
Related: Cinemark Won’t Address Aurora Questions And Its Fallout
Traynom, Axelrod and Nowlan are represented by Deirdre Ostrowski, Michael Keating, William Keating and Christian Habas of Denver firm Keating Wagner Polidori Free. Cinemark is represented by Kevin Taylor, Kyle Seedorf, John Roche, and Amanda Wiley of the Denver firm of Taylor|Anderson.
Related: Christian Bale Visits Aurora Theater Shooting Victims
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They would be smarter to sue Christopher Nolan since the shooter was inspired by Heath Ledger’s Joker and Chris Nolan is rich enough and vulnerable enough that he’d be a soft target especially in Colorado.
Oliver Stone was sued for Natural Born Killers which inspired a real life copycat crime spree and Stone was found innocent of liability but the world has changed since then.
If Nakoula is liable for causing Muslims to riot and kill then it’s valid to hold Chris Nolan liable for what happened in Aurora.
NO comments? Ok. The cases should be dismissed. Somethings in life are just accidents, or in this case, can be attributed to a very specific thing/person. The theater did not play a role here. Many of the victims will never fully recover mentally or physically and there will be a substantial financial burden attached to their healing. The anticipated financial burden may be what is prompting the suit. One of the better uses of social media might be collections for those affected by incidents like the Cinemark shootings. It spreads the burden and takes pressure off the closest party with the perceived deepest pockets (if they are not culpable, which I would pose is the case here).
There is something stupid about everything Anonymous posted.
Nolan is not responsible for the act of a mental defective.
The law has not changed since Natural Born Killers even if the world has. And Stone was never personally sued.
And Nakoula is being held for probation violations not anything else.
Thanks to Freedom Of Speech Morons can type anything they want.
Good! Cinemark, Warner Bros., Christopher Nolan, the now dead Heath Ledger, the city of Aurora and the state of Colorado are not blame for this tragedy. Bunch of opportunists trying to make a quick dollar because of an unbalanced guy with reality issues.
Yeah, let’s blame everybody but the shooter.
blame Christopher Nolan? are you kidding me? you clearly did not get the messages in the film. I actually just wrote a paper on how The Dark Knight shows violence responsibly. also, in TDKR Batman clearly says, “no guns, no killing”
The only group that could be sued successfully is the university where Holmes worked as a graduate teaching assistant. He worked in the psychology department and there is evidence that faculty and other students there knew he was mentally disturbed and unbalanced. They might be guilty of failing to notify the police that he was a danger to the community. Cinemark should be exempt from any lawsuit.
There are two responsible parties:
A. The University. The negligence stems from not opening the envelope with the notebook and forwarding it on to law enforcement as a possible threat. His therapist knew he failed and left school and she was on the threat assessment team and failed to identify his issues and notify authrorities. She is probably not suitable for patient care.
B. The Theatre. He re-entered the theatre after the movie began by propping open the emergency door. Those doors are supposed to be alarmed, but rarely are, as pranksters would interrupt the movies, costing the theatre money. Had the doors been working properly, opening it would have set off an alarm and theatre authorities would have rushed there, either preventing the attack or interrupting it much sooner. It was negligence on the part of the theatre to have unalarmed doors and it could have prevented or possibly lessened the numbers of individuals killed.
Hope the plaintiffs get themselves better lawyers,
B.
Wasn’t an emergency exit, it was a side exit, like every single theater I’ve ever been in is equipped with. They don’t have alarms because they aren’t REQUIRED to have alarms, and that right there is why this case has no merit. They have to prove willful negligence on the part of Cinemark, which is going to be exceptionally difficult to do given the events.
I feel horrible for everyone involved, but this case is just ambulance chasers and opportunists trying to make a buck off a tragedy, and they should be ashamed of themselves.
This would be like me suing Wilford Brimly for diabetes.
Its utterly ridiculous and the three named should feel ashamed and sickened by trying to gain money on people suffering including their own.
The smoking gun is the standard normal security measures – were they in place – may have not stopped the attacks, but may have given them more notice that something might be a miss and to call police earlier.
It wasn’t random – he chose his target at a time he knew security would be lax at the theater.
Cinemark is not to blame, money won’t restore the mental state of the victims or bring back the victims whose lives were lost. This could have happened anywhere at anytime, and lets say it happened in a mall, would the mall be responsible? N. The victims lifes have changed forever but suing Cinemark is not going to give any of them emotional security. If Cinemark gets lawsuit dismissed they may want to consider funding psychological treatment for the victims but that would just be for good public relations not because they are responsible.