Aurora theater shooting: New lawsuit charges Century 16 owner Cinemark with negligence
|Mike White, Sr.|
The Defendants' above-alleged wrongful conduct caused the injuries and damages to the Plaintiffs, including but not limited to: past and future economic damages, including but not limited to medical and related expenses; lost wages; loss of earning capacity; past and future non-economic damages, including but not limited to bodily injury of a serious and permanent nature; pain and suffering; permanent physical disability; inconvenience; emotional stress; anxiety; loss of enjoyment of life; impairment of the quality of life; any and all other consequential losses arising from Defendants' wrongful conduct as provided by law.No formal legal response from Cinemark thus far. But expect its eventual filing to make arguments like those offered in response to the initial two lawsuits. Here are some excerpts from that motion:
The essence of the complaint is that Cinemark "should have known" that James Holmes would commit a mass murderous assault in the Century 16 Theater on July 20.... Federal, state and local law-enforcement entities...would not be expected to foresee Mr. Holmes' criminal conduct.... Family members and friends who knew him personally for multiple years did not foresee it....Note that Cinemark has already announced its intention to reopen the Century 16 sometime early next year -- a plan supported by the City of Aurora.
It would be patently unfair, and legally unsound, to impose on Cinemark...the duty and burden to have foreseen and prevented the criminal equivalent of a meteor falling from the sky. Thus, even accepting the allegations in the complaint as true, plaintiffs cannot state a claim that anyone other than Mr. Holmes, the irrational killer, is responsible for the consequences of his criminal conduct.
Look below to see a 9News report about yesterday's press conference. That's followed by the latest lawsuit, and the earlier pair.
More from our Aurora Theater Shooting archive: "James Holmes case: Inside three victims' lawsuits against Aurora theater."