Federal District Judge R. Brooke Jackson has narrowed but allowed the tort actions against Cinemark Theaters to proceed for the Aurora, Colorado `Dark Knight' movie shootings. His ORDER of April 17, 2013 allows the statutory action to proceed, while dismissing the common law negligence counts.
Judge Jackson explains "it seems to me, the danger inherent in the construction and operation of this theater was that it allowed someone inside the theater surreptitiously to prop the door leading directly from the theater to the outside open and thereby to permit himself or others to enter the theater undetected and to commit a violent act against one or more patrons inside. The questions then become, (1) did Cinemark know or should it have known that this danger existed, and, if so, (2) did it exercise reasonable care to protect patrons against this danger."
- GWC
Judge Jackson explains "it seems to me, the danger inherent in the construction and operation of this theater was that it allowed someone inside the theater surreptitiously to prop the door leading directly from the theater to the outside open and thereby to permit himself or others to enter the theater undetected and to commit a violent act against one or more patrons inside. The questions then become, (1) did Cinemark know or should it have known that this danger existed, and, if so, (2) did it exercise reasonable care to protect patrons against this danger."
- GWC
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