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Michael J. Duber and Brandon T. Duber

Wrongful Death Claims in Theater Shooting Should Be Tossed, Judge Says

Feb 4, 2013 |

A federal magistrate judge has recommended that the most serious allegations against the owner of the Century 16 Aurora movie theater- where deadly shootings took place on July 20, 2012- be thrown out.

In an order issued last week, the judge stated that Colorado law bars people who were wounded in the shooting, along with the family members of those killed, from presenting claims of negligence and wrongful death against Cinemark USA.

Claims alleging violations of the Colorado Premises Liability Act are able to move forward, however.

This decision applies to seven lawsuits that were filed against Cinemark USA in 2012. The judge’s recommendation has been given two weeks of consideration before becoming official.

After the shooting took place, in which 58 people were wounded by gunfire, several injured by the attack and family members of four who were killed sued Cinemark, claiming that the theater’s lax security is what allowed the shootings to happen. There have been at least ten lawsuits filed in Colorado federal court against Cinemark since the shooting took place.