08/18/2014 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
Denver – Personal injury and wrongful death lawsuits against a movie theater chain linked to a mass shooting may continue following a federal judge’s decision on Friday. As reported by Reuters, U.S. District Judge R. Brooke Jackson refused to dismiss the claims, rejecting a motion for summary judgment attorneys for Texas-based Cinemark USA previously filed.
A noted in the report, a similar ruling had been issued by Jackson last year when Cinemark lawyers asserted the theater could not have anticipated the 2012 mass shooting at an Aurora based theater that resulted in the deaths of 12 people, and injury to several others.
In their motion, the attorneys said, “It would be patently unfair, and legally unsound, to impose on Cinemark, a private business in the entertainment industry, the duty and burden to have foreseen and prevented the criminal equivalent of a meteor falling from the sky.”
Jackson is quoted as writing in his decision, “A genuine fact dispute must be resolved by the trier of fact, not by a court’s granting summary judgment.”
The shooting suspect in the case, 26-year-old James Holmes, is set to stand trial in December.
This report is provided by Justice News Flash – Colorado Legal News
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