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Entries in Aurora (3)

Monday
Oct012012

Aurora Theater Says It's Not Liable for Colo. Shooter's Rampage

Thomas Cooper/Getty Images(AURORA, Colo.) -- The movie theater chain sued by three moviegoers injured by a gunman in Aurora, Colo., has filed to dismiss the lawsuit, saying that it could not have foreseen the mass shooting that took place July 20.

"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," a court document filed by Cinemark on Thursday stated.

James Holmes, 24, was charged with murder and attempted murder after killing 12 and injuring 58 other people.

Cinemark USA is based in Plano, Texas, and has 461 theaters in the U.S. and Latin America as of June 30, the company states on its website. Cinemark did not return a request for comment.

Keating, Wagner, Polidori and Free, the law firm representing the first three plaintiffs who filed a lawsuit in Denver federal court against Cinemark, did not immediately return a request for comment.

The plaintiffs, Joshua Nowlan, Denise Traynom and Brandon Axelrod, each were shot in various parts of their bodies. Nowlan's right arm was almost severed from the gunshots, the suit says, plus he had injuries to his left leg.

"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," their lawsuit stated.

The plaintiffs argue the theater should have been prepared for the shooting, after alleging a previous gang shooting at the venue.

In its motion to dismiss, the theater disputed the assertion, but said that even if it was true, "such an event would be insufficient to make a madman's mass murder foreseeable."

Loren Brown, a personal injury attorney in Colorado who is not involved with the lawsuit, said the state's Lawsuit Premises Liability Act puts some of the burden of protecting customers who are entering property to conduct business.

"If you have someone coming onto your property, or a class of person coming to do business, you've got to take reasonable steps to protect them from dangers that you know about or should know about it," Brown said.

Brown said in order for the plaintiffs to be successful, they will have to relate any past violent incidents at the theater to the mass shootings. That could be a "closer call," Brown said.

"If you have a couple drunks get into a fight in the lobby, that's a whole different thing than someone coming and doing what James Holmes did. That's something that the defense will want to draw out; that it was so unique in character, there's no way it could have been predicted."

Brown said he expects more of the victims will file lawsuits against the theater. He called the law firm representing the plaintiffs, "one of the premier firms in Denver for injured people."

"I would expect to see once they get their toes in the water, other people will be getting more brave," he said.

Copyright 2012 ABC News Radio

Friday
Jul272012

United Offering Free Flights to Aurora Shooting Victims’ Families

Joshua Lott/Getty Images(WASHINGTON) -- United Airlines will provide free flights for families of Aurora shooting victims so they can travel to their loved ones’ funerals.

The airline would only provide a brief statement on the matter: “All of us were impacted by these events, and we want to help in any way we can.”

United told ABC News the free flights are being facilitated through the American Red Cross.

James Holmes, 24, is suspected of killing 12 and injuring 58 others during a shooting rampage at a screening of The Dark Knight Rises in the Colorado cinema.

Copyright 2012 ABC News Radio

Friday
Jul202012

Twitter Backlash After Online Retailer Posts ‘Clueless’ Aurora Tweet

KIMIHIRO HOSHINO/AFP/Getty Images(NEW YORK) -- Online shopping site Celeb Boutique took advantage of the trending topic, #Aurora, following the mass movie theater shooting in the small Colorado town, causing a stir of angry responses from Twitter.

“#Aurora is trending, clearly about our Kim K inspired #Aurora dress ;),” the boutique tweeted, along with a link to buy the dress on the company’s website.

Upset users responded, “WHAT IS WRONG WITH YOU GUYS,” and “Wow. Clueless much?”

After nearly thirty minutes, the offensive tweet was removed from the company's timeline, which also offered a five tweet apology.

"We didn't check what the trend was about hence the confusion, again we do apologise," one tweet read.

"We are incredibly sorry for our tweet about Aurora - Our PR is NOT US based and had not checked the reason for the trend, at that time our social media was totally UNAWARE of the situation and simply thought it was another trending topic - we have removed the very insensitive tweet and will of course take more care in future to look into what we say in our tweets," the company said in a series of tweets before adding, "Again we do apologise for any offense caused this was not intentional & will not occur again. Our most sincere apologies for both the tweet and situation."

ABC News could not reach the company for comment.

Copyright 2012 ABC News Radio







ABC News Radio