On Tuesday, Cinemark agreed to not pursue $700,000 worth of legal fees from the Aurora shooting victims’ families. The families had sued the theater chain, blaming them for the deaths of their loved ones in a 2012 attack, and Cinemark was found not guilty. Under Colorado law, the chain had the right to make the plaintiffs pay for its legal costs.
The plaintiffs acceptance of this deal also means they will not be able to appeal the jury’s decision.
“All plaintiffs in this matter have now waived appeal of the jury’s verdict and the case can now be deemed completely over,” Cinemark’s attorneys said. “Defendants’ goal has always been to resolve this matter fully and completely without an award of costs of any kind to any party.”
In 2012, a gunman entered the Cinemark theater in Aurora, Colorado during the screening of The Dark Knight Rises; and he shot and killed 12 and injured 70. Four families of the victims sued Cinemark, claiming that the theater was responsible for the shooting because they did not have sufficient security. Cinemark argued that there was no way to prevent the tragedy, and a jury sided with them. On May 19, Cinemark was cleared of liability.
Under Colorado law, the winning side of a lawsuit is allowed to recoup its legal costs from the opposition. Cinemark began to pursue its legal right, but the move was generally met with disdain from the public.
According to Deadline, this settlement seems to show that “the long fought out state matter truly seems to be finished.” Deadline notes however that Cinemark has a case still pending in federal court. Paralyzed victims Stefan Moton and Ashley Moser are appealing their similar dismissed case, which Cinemark could also seek legal fee reimbursement from.
Do you think the families should have sued Cinemark in the first place? Let us know in the comments below.
Source: Deadline
Photo courtesy of LA Times