A U.S. District Court judge denied a request from Cinemark USA, ruling that the company must go to trial to determine its liability for a movie theater shooting that killed 12 people.
In July 2012, a man entered a Cinemark theater during a midnight showing of The Dark Knight Rises. He opened fire into the crowd, killing 12 people and injuring 70 more. The shooter was captured and has since pleaded not guilty by reason of insanity to more than 160 felony charges.
The shooting at the Century Aurora 16 Theater became famous nationwide. Two months after the shooting, several of the victims’ parents filed lawsuits against Cinemark for premises liability, wrongful death and negligence.
A judge ruled that the movie theater could not have known the shooting would happen, so it could not be sued for wrongful death or negligence. However, he allowed the families to pursue claims for premises liability.
What Is a Summary Judgment?
Cinemark sought a summary judgment from the court to dismiss all charges, but the judge denied them on August 15. He stated that a summary judgment would only apply if the facts “overwhelmingly and inarguably point[ed] in Cinemark’s favor,” which was untrue after the plaintiffs supplied new evidence.
The families submitted a report from a security consultant warning Cinemark management to prepare for an “active shooting situation.” They also used a 2006 shooting at a Loew’s theater to prove that the movie theater should have been aware of the potential danger.
The judge clarified that none of the evidence meant that the theater knew or should have known about the incident, but there was too much evidence for a summary judgment. Cinemark will have to let a jury decide its fate.
Every business has a responsibility to protect its employees and customers. If businesses fail to provide adequate safety measures, they are liable for any injuries or damage.
If hazards on someone else’s property injured you, make sure to hold them responsible. Call Metier Law Firm today to learn more about your legal options.
Metier Law Firm, LLC – Injury Attorneys Serving Clients Nationwide