DENVER, Sept 21 (Reuters) - Three Colorado moviegoers who
were wounded when a gunman opened fire at a July screening of
"The Dark Knight Rises" on Friday sued the owner of the theater,
Cinemark USA, accusing it of failing to provide adequate
security, their lawyers said.
The action marks the first known civil lawsuits filed over
the July 20 shootings at a suburban Denver screening of the
Batman movie that killed 12 people and wounded 58 others.
James Holmes, a 24-year-old former neuroscience graduate
student at the University of Colorado, has been charged with
murder and attempted murder in the case.
"Readily available security procedures, security equipment
and security personnel would likely have prevented or deterred
the gunman from accomplishing his planned assault on the
theater's patrons," the law firm of Keating, Wagner, Polidori
and Free said in a written statement.
Representatives of Cinemark could not immediately be
reached for comment.
On the day of the shooting, prosecutors allege Holmes bought
a ticket to the movie, left the theater through an exit door,
propping it open on his way out. He then returned to the theater
clad in ballistic protective gear and armed with multiple
weapons, opening fire on the crowd, prosecutors say.
Public defender Daniel King has said his client suffers from
mental illness and sought help before the shootings.
In the lawsuit filed in Denver federal court, victims Joshua
Nowlan, Denise Traynom and Brandon Axelrod claim the theater
chain was aware of previous criminal activity at or near the
cinema including "assaults and robberies" and at least one other
shooting involving gang members.
"Although the theater was showing a midnight premiere of the
movie and was expecting large crowds of people to attend the
midnight showing, no security personnel were present for that
showing," the lawsuit said.
Nowlan suffered disabling injuries to his left leg and his
right arm, which was nearly severed from the gunshots, the
lawsuit said. Traynom was shot in the buttocks and Axelrod was
shot in the right knee and ankle.
The lawsuit also states "there was no action taken by
theater employees to safely evacuate the many people" in the
theater once the shooting spree got underway.
The judge presiding over the criminal case ruled on Friday
that some documents in the court file can be publicly released,
but arrest and search warrants that detail the specifics of the
crime will remain sealed because of the ongoing investigation.
Also on Friday, Aurora Mayor Steve Hogan said that Cinemark
sometime next year will reopen the theater, which has been
closed since the shooting.
"The theater has been a valued part of our community for
many years," Hogan said in a statement. "I am confident Cinemark
will continue to remain sensitive to victims, their families,
their employees and our community throughout their process of
remodeling and reopening."
