Here Come The First Aurora-related Lawsuit

[Ironic-Mike]

Who was unhurt:

Unhurt theater-goer to file first Aurora-related lawsuit

Less than a week after the mass shooting in Aurora, Colo., one "Dark Knight Rises" audience member has retained a lawyer and plans to file a lawsuit. Honestly, we don't know whether to be shocked or unsurprised. Torrence Brown, Jr., who "was not physically injured" but saw one of his best friends die in the massacre, hired attorney Donald Karpel, possibly so his "extreme trauma" can be assuaged by a court-ordered payday. According to Karpel, he will name three defendants in the upcoming suit: the Century 16 theater for failing to guard its emergency exit; the doctors who may have treated alleged shooter James Holmes; and Warner Bros. for their "particularly violent" film. "Somebody has to be responsible for the rampant violence that is shown today," Karpel said.

out of

[IEDmagnet]

Fucking tool...I saw that on Sourcefed the other day. He needs to be beaten about the face and chest by someone dressed as Robin.

[recondo82]

Colorado's requirements for the tort of intentional infliction of emotional distress are as follows:

1. the defendant must have engaged in conduct that is considered extreme and outrageous;
2. the conduct must have been engaged in by the defendant with the intent of causing severe emotional distress, or with the knowledge that such emotional distress would probably result; and
3. the plaintiff must have actually suffered severe emotional harm as a result of defendant's conduct. A defendant's conduct may be found to be extreme and outrageous if it goes beyond the bounds of decency such that a reasonable member of the community, with knowledge of all the facts, would conclude that the defendant's conduct was indeed outrageous. Damages that may be recovered for intentional infliction of emotional distress include not only damages resulting from the distress, but also for any physical discomfort, inconvenience, illness or injury, medical expenses, loss of reputation, or loss of wages.

That's the only applicable cause of action in this case, and there's no way the "acts" of any of these defendants meet the above requirements. Courts have generally held through the years that if there is no physical injury, and that your emotional distress is the result of witnessing a horrific event, it has to be a family member involved (such as witnessing someone run over your sister). The attorney filing this suit should be sanctioned for the frivolous nature of the suit.

[Old All American]

I hope he wins; then I'll call my lawyer and sue because I'm traumatized by watching the coverage on TV. Also the movie was ruined for me because I couldn't enjoy it when I went to see it. I kept wondering, "Is this when the shooting started?"

All I need to know is his explanation for suing "Warner Bros. for their 'particularly violent' film. 'Somebody has to be responsible for the rampant violence that is shown today,'" Did he buy his own ticket? If not, then he could sue the person who treated him to the movie.

[bg]

I wasn't sure when I first heard about this. I was hoping it would be related to "gun free" zones and making a point about them.

But it appears this guy is just a cock looking for a payday.

[Hendo]

They should buy this clown off with case of Summer's Eve and a couple of Midol. If he doesn't settle then they should offer him a free movie pass to the next showing of "My life as a pinata" starring him and the American Leagues' top ten home leaders for the month .

[SOWT]

Docs are clear, and so are the folks who made/distributed the movie.
Have they determined how he got into the theater yet?

[azazel221]

I think it's odd that this individual didn't think that the movie was too "particularly violent" when he paid for his ticket.

[Dustover]

"the Century 16 theater for failing to guard its emergency exit"

Holy crap.. it's a movie theater emergency exit door, not a instillation ECP or something.. Its because of idiots like this that I have little hope for humanity.

[Old All American]

The last I heard he saw the movie, left through the emergency (or back) exit, and blocked the door so he could get back in. Don't know if any new info has surfaced yet. The only thing I think the theater might have done differently is send an usher or ushers to do a quick check of the theater after each showing to ensure the exits are secure. This would be good business as it might prevent crashers coming in for free movies. But I don't think you can hold a theater liable if they didn't think of it beforehand. If I was a manager of a theater now I would definitely have my people do a check - just to defend from copycats.

[recondo82]

The question is whether a reasonable person would have put an alarm on the emergency exit doors to sound if the door is opened. A lot of places do that, but there's no law I know of that requires it.If Colorado State law or local ordinance doesn't require it, then the question is one for the jury. Not that this guy will benefit from it, because his "emotional" injuries aren't going to cut it in a Colorado court. But I imagine there will be some forthcoming lawsuits relating to this question from the injured and families of the deceased.

[JoBa]

I spent my life in retail sales. There is one truth in retail, the cheapest customers are always the biggest pain in the ass customers. Based on my years of experience, I would bet that our poor suffering plaintiff snuck into the theater and never bought a ticket in the first place.

-John