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.
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.
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