Aurora Theater Wins Dismissal of Some Shooting Lawsuits

Judge tosses negligence claims, but liability and wrongful death suits remain


Cinemark Holdings Inc. (CNK) won dismissal of some claims in lawsuits filed on behalf of victims of the shooting rampage in July at "The Dark Knight Rises" premiere in Aurora, Colorado, that left 12 people dead.

U.S. District Judge R. Brooke Jackson in Denver today agreed to dismiss the negligence claims brought in 10 separate lawsuits against the movie-theater operator. The judge said the plaintiffs could proceed with their claims under the Colorado Premises Liability Act and their wrongful death claims.

"It is a close call," Jackson said in reference to whether the plaintiffs made a plausible claim, under the premises liability law, that Cinemark failed to protect movie goers against a danger the company knew or should have known. "I agree, of course, that the issues of liability and damages are for the jury."