Shooting victims file suit against Aurora theater

AURORA, Colo. - Victims of the Aurora theater shooting have filed lawsuits against Cinemark, owner of the Century Aurora 16.

The first suit was filed in federal court on behalf of Denise N. Traynom and Brandon K. Axelrod by attorneys Keating Wagner Polidori and Free, P.C.

The suit, obtained by 7NEWS, alleges that the theater was aware of “previous disturbances, incidents, disruptions and other criminal activities” before the shooting and hired various security personnel at certain times.

“Although the theater was showing a midnight premier of the movie and was expecting large crowds of people to attend the midnight showing, no security personnel were present for that showing,” the suit said.

The suit also alleges that there was no security to “prevent or deter” someone from re-entering the theater through an exterior door. The accused shooter, James Holmes, is said to have exited the theater through a back door after the film began and reentered after arming himself.

"No security personnel and no employee intervened during the entirety of the incident. The gunman simply walked back out of the theater through the same door he used to enter, and sat in his car," the suit said.

The suit asks for compensation for past and future damages, losses and injuries. It also requests trial by jury.

“Defendant had a duty of reasonable care to protect Plaintiffs, and others like them, against dangers of which Defendant actually knew or should have known,” the suit said.

The lawsuits also allege a lack of training and response from the Century 16 theater staff.

"At no time during the entirety of this incident was there any action taken by theater personnel to assist or evacuate those who were injured by the gunman."

The same attorneys also filed the second suit in federal court on behalf of Joshua Nowlan.

It appears to be identical to the first, except for the named defendant and the description of his experience inside the Auditorium 9.

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