On Thursday afternoon, Cinemark claimed the original lawsuits - filed in federal court alleging that Cinemark, USA, INC. failed to deter the gunman from entering the theater through a rear exit door - are moot.
"The essence of the complaint is that Cinemark 'should have known' that James Holmes would commit a mass murderous assault in the Century 16 Theater on July 20 ... federal, state and local law-enforcement entities ... would not be expected to foresee Mr. Holmes' criminal conduct," the lawsuit reads. "Family members and friends who knew him personally for multiple years did not foresee it."
The motion to dismiss goes on to mention other mass murders to illustrate how random they are.
"It would be patently unfair, and legally unsound, to impose on Cinemark ... the duty and burden to have foreseen and prevented the criminal equivalent of a meteor falling from the sky," the motion to dismiss states. "Thus, even accepting the allegations in the complaint as true, plaintiffs cannot state a claim that anyone other than Mr. Holmes, the irrational killer, is responsible for the consequences of his criminal conduct."
The lawsuit originally filed by the victims claims more security equipment and security personnel would likely have prevented or deterred the gunman from completing the mass shooting in the theater.
"Any person who wished to make a surreptitious and unauthorized entry into the theater could easily determine that the lack of security personnel and lack of any alarm on the door at the right, front by the screen of Auditorium would allow them to leave the theater, and re-enter without fear of being discovered, interfered with, monitored or stopped," the lawsuits allege.
The complaints were filed on behalf of Brandon Axelrod, Joshua Nowlan, and Denise Traynom who were injured in the shooting.
(KUSA-TV © 2012 Multimedia Holdings Corporation)