Judge Rules Not To Dismiss Colorado Wrongful Death Lawsuits

April 19, 2013

A judge in federal court ruled earlier this week that he would not dismiss several Colorado Wrongful Death Lawsuits that have been filed against Cinemark USA. The company owns the theatre in Aurora, Colorado, where a mass shooting occurred this past July that claimed dozens of lives and left 70 others injured.

A story published in a recent issue of the Denver Post explains the decision was reached in a total of 10 cases. While U.S. District Judge R. Brooke Jackson ruled to dismiss claims of negligence that were made, he allowed the lawsuits to move forward based on claims of wrongful death and an interpretation of the Colorado Premises Liability Act. The law requires that landowners to ensure the safety of those who come on to their property.

Jackson stated that the wrongful death claims could be considered valid under the Act and should, therefore, not be thrown out. The ruling comes on the heels of a similar decision that was reached by U.S. Magistrate Judge, Michael Hegarty, this past January.

The lawsuits have asked that the plaintiffs be fully compensated for damages incurred as a result of the shooting.

The Denver Personal Injury Lawyers with the McDivitt Law Firm recognize the difficulties that can be associated with the loss of a loved one. The firm hopes a decision in the cases will bring a sense of closure to the tragedy for the victims and their families.



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