‘Extreme Trauma’: First Lawsuit From ‘Batman’ Massacre Filed
- Posted on July 24, 2012 at 9:39am by
Becket Adams
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Well, it was only a matter of time before it happened. We just didn’t think it would be this soon.
Citing “extreme trauma,“ ”Batman” massacre survivor Torrence Brown, Jr. has filed a lawsuit against three defendants: Warner Bros., the theater where the shooting spree took place, and the alleged gunman’s doctor.
Brown “was in Century 16 Theater when [James] Holmes let loose, TMZ reports. “One of Brown’s best friends, A.J. Boik, was shot in the chest and died. Brown, who was not physically injured, claims to now suffer from extreme trauma.”
Image courtesy TMZ
Through his attorney Donald Karpel, Brown is going against the aforementioned defendants for the following reasons [via TMZ]:
1) The theater. Karpel claims it was negligent for the theater to have an emergency door in the front that was not alarmed or guarded. It’s widely believed Holmes entered the theater with a ticket, propped the emergency door open from inside, went to his car and returned with guns.
2) Holmes’ doctors. Karpel says it appears Holmes was on several medications — prescribed by one or more doctors – at the time of the shooting and he believes the docs did not properly monitor Holmes.
3) Warner Bros. Karpel says “Dark Knight Rises” was particularly violent and Holmes mimicked some of the action. The attorney says theater goers were helpless because they thought the shooter was part of the movie. Karpel tells TMZ, “Somebody has to be responsible for the rampant violence that is shown today.”
Front page photo source: The Associated Press
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Comments (136)
Armyduderetired
Posted on July 24, 2012 at 10:37amInsert lawyer joke here. In fact a website of a collection could cause your bottom line to rise. We the people need to charge the losing party for the cost of these suits. That alone will fix the problem. I know; too simple. Soon the people will be forced to decide if they want to keep playing a losing game. The system is a lose lose proposition now. Got Jesus?
Report Post »historyguy48
Posted on July 24, 2012 at 11:06amComrade that is a system called “loser pays”. That had been proposed numerous times but has never had a chance in congress because of a certain lobby called the Trial Lawyers! So, our wonderful politicians have our backs and have made sure to not propose such a stupid thing again because they would lose a good source of funding!
Report Post »And we can’t figure out just how broken our system is?
Really?
johnjamison
Posted on July 24, 2012 at 11:09amExactly,this is one arae where Europe is ahead of the curve. They have system where the ambulance chasing blood sucking leech lawyers have to pay for the entir edefense cost if they lose the case. Not only that but if the defense is a business who suffers loses because of the suit they are entitled to those damages as well.
Report Post »marvlus
Posted on July 24, 2012 at 11:48amWhat do you call a hundred lawyers at the bottom of the lake? Ans. A good start.
Report Post »Chuck Stein
Posted on July 24, 2012 at 12:56pmHi, Guys! Lawyer here. The “loser pays” system is also called the “English rule” as regards attorneys fees. As it is now, in America each side pays for the other side’s “costs” — which do not include attorneys fees. If you want to limit court access to the rich (and, of course, those so poor that they can‘t pay the other side’s fees), then by all means — the English Rule is the way to go. Under the rules we have now, though, a defendant can recover his attorneys fees for defense of a “frivolous” lawsuit — a case where there is no basis in law OR fact for the lawsuit.
Report Post »As for the complaint at issue: I would add another cause of action. If the movie theater had a known policy prohibiting fire arms, then I would assert that such policy constituted a “lure” to mass murderers. There now go ahead and hate on me. I’m a lawyer so I deserve it, right?
girlnurse
Posted on July 24, 2012 at 2:31pmProverbs 1:19
Report Post »“Such is the end of all who go after ill-gotten gain; it takes away the lives of those who get it.”
JRook
Posted on July 24, 2012 at 2:50pmNo matter where you look and from what direction it is always about the money. Too much money in violent films, too much money in selling guns and ammunition of all types, too much money from reporting and commenting on the tragedy. Too much money associated with litigation. Ah yes, modern marketing and capitalism at its best. And we wonder why political races are primarily driven by money now. Interesting how all the companies that are supposedly hurting and laying off people, find $millions to fund lobbyists, PACs and misinformation website. It is when people, communities, states, countries, business leaders and most importantly political leaders put money first, that society begins to fall apart. Its not what isn’t so apparent (christian principles), but rather what is so apparent. Follow the money.
Report Post »useless data to respond
Posted on July 24, 2012 at 3:00pmThis is what happens when you have a society that finds it’s entertainment in watching the killing of others in movies, whose ‘heroes’ demonstrate destructive characteristics that are evil in nature. The world today offers it‘s version of ’leaders‘ or ’role models’ on their mind programming screens, which are just altered versions of evil incarnate. How would their version of a ‘kill em all’ hero bring us out of Spiritual Babylon when the one held up as a ‘hero’ only demonstartes the destructive qualities (just nicer oackages) in humans. The programmed ‘heroe’s’ of today are egoic, narcissistic, and have no respect for creation or life in general. As a society we feed our souls a daily diet of greed, vanity, war, sex, self indulgent behaviour, and then then act surprised when this ‘diet’ transforms a soul into something….less loving.
Report Post »In REALITY violence is never entertaining, and to continue to ‘amuse’ your mind with such emotionally immature ‘programming’ has it’s consequences. Stop looking for others to ‘blame’ when you are warping your mind just fine all by yourself. Not amusing when it is real..is it?
Thomas_Jefferson
Posted on July 24, 2012 at 6:41pmThe Batman movie shooter in Aurora Colorado “James E. Holmes“ is a active participant of ”occupy wall street” to be more precise, he is a member of Black Bloc, They are anarchists that use vandalism, violence & terrorism to achieve their? goals. They are usually wearing black & cover their faces when there is a rally or march. This shooting could be something that was planed or discussed & he acted on it.? Will there be more shootings ? I am sure we will know more as time progresses.
Have any of you seen this yet ?
http://www.youtube.com/watch?v=GQaeRxZMexE
If anybody is liable for the ‘Batman Movie Massacre’ Its Obama & all his liberal Nazi friends that created Occupy wall street.
Report Post »johnjamison
Posted on July 25, 2012 at 8:01amCHUCK,
Report Post »James Holmes walked in the theater unarmed went through the rear exit armed up and suited up.Then he returned and commit this evil act. You could put metal detector at the doors and this would have still happened. You could lock all emergency exits but what happens in the event of a fire.
Chuck Stein
Posted on July 25, 2012 at 4:47pmJOHNJAMISON:
All you say is true. Liability should not attach where the harm is not avoidable and all that was reasonably possible was done to avoid the harm. But when an establishment presents itself as “gun free”, two human activities can be expected:
(1) law abiding, rule-following persons will show up unarmed and with a misguided expectation that no one else will have a gun at that venue
(2) those looking to wantonly kill will be encouraged to show up at the venue with the (very well-founded) expectation that they will be the only one at the venue with a gun
The movie theater certainly could not have prevented what happened — but the no-gun policy was a contributing factor.
Report Post »stloocardsfan
Posted on July 24, 2012 at 10:35amWhat about the guy that actually did the shooting??? I guess he has no money…gots to me some cash.
Report Post »CatB
Posted on July 24, 2012 at 10:42amHow about who it looks like funded his violence?
Holmes had $26,000 grant for studies
http://content.usatoday.com/dist/custom/gci/InsidePage.aspx?cId=pensacolanewsjournal&sParam=56444742.story
Report Post »redbone007
Posted on July 24, 2012 at 10:49amhis parents have money…go after them.
Report Post »HKS
Posted on July 24, 2012 at 10:51amGood point, follow the money and the guilty will be revealed, fact of life.
Report Post »1me2ao
Posted on July 24, 2012 at 11:43amhe is a grown man and his parents are not longer responible for him.
Report Post »Pearsontech
Posted on July 24, 2012 at 5:00pmThe reasons for the suit and who is being sued is almost understandable until you get to the last one. Suing Warner Bro’s for releasing movies like Batman which this guy was obviously there to see and had no problem what-so-ever with the violence was probably all to eager to go and now that this happens he wants to turn around and blame Warner Bro’s and sue them because they made a violent film??? I am sorry I know you lost a friend and we are all very sorry about that and we know know that anyone that is there is probably pretty traumatized right now, but man up. You went to this movie of your own free will Warner Bro‘s didn’t force you to go. While I do agree with the premise that our society has allowed tv and movies to erode our morals and does effect people in very negative ways it is wrong to sit there and point blame at them when you partake in it by your own choice.
Report Post »Hzurdaddy
Posted on July 24, 2012 at 8:13pm- Pearsontech – I agree. This guys’ purchase of a ticket supports the Batman, et al, franchise, which in turn re-enforces violence as a means to attacking a target–with each viewer imagining what that target should actually be. Not everyone in attendance will be rooting for the ‘good’ guy. Some will simply be taking mental notes, while imagining reigning this type of violence down on their own enemies–imagined or real. Hollywood can control the narrative, but has no control over how each viewer may interpret the meaning of that narrative.
Hollywood is famous for claiming that NO ONE is influenced in any by way by ‘entertainment’ (moving pictures and sound), while spending million$ and million$ on advertising (moving pictures and sound), to influence people to do what Hollywood wants–buy tickets to go see their (moving pictures and sound).
Two arguments–one cup…
Report Post »kickagrandma
Posted on July 24, 2012 at 10:32amAmazing, isn’t it, WHO lines up to file suits?????
Read my lips: THERE SHOULD BE NO LAWSUITS ALLOWED ANY MORE, ANY WHERE, period.
¡BASTA YA!
Report Post »Madconservative
Posted on July 24, 2012 at 11:02amThis is as it should be, if an establiment prohibits us from being able to carry firearms thus prohibits us from being able to protect ourselfs they should assume the resposibility to protetect us, and if they fail to protect us they must assume the liability.
Report Post »robstoddard
Posted on July 24, 2012 at 11:55amLawsuits stand for a particular reason, however, a ‘New Zealand’ approach should be taken, much like what’s going on in Texas these days. There was tort reform in Texas, where the losing party in a lawsuit has to pay the winning party’s costs. Should you sue Warner Brothers and lose, you will pay for the Warner Brothers’ defense.
Report Post »Armyduderetired
Posted on July 24, 2012 at 10:28amInsert Lawyer Joke here. In fact a website of a collection might cause your bottom line to rise.
Report Post »Refuse to play. These things need to cost the losing party for the costs to We the People. That one thing will fix the system. I know; it is too simple.
Hillbillybone
Posted on July 24, 2012 at 10:25amAnd the lawyer NEVER mentions the culprit at all…
Sad, that they are only sueing those viewed to have some money, why don’t they sue the shooter, he is who caused it?
The judge ruling on this needs to jump on the self responsibility line, “you went to a violent movie, saw violence, and now you want to get paid for it?
Sad………….
Report Post »woemcat
Posted on July 24, 2012 at 1:59pmwell said. i do think the emergency exits should have alarms, but he’d still be suing if the alarms were disabled for some reason. and i do think it’s “funny” that the shooter isn’t even part of the suit. the dumbest part is suing WB. this guy CHOSE to see this move and knew it would at least be somewhat violent. i hope the judge laughs him out of the courtroom.
Report Post »selaromyar
Posted on July 24, 2012 at 10:24amAmbulance Chaser.
Report Post »Gonzo
Posted on July 24, 2012 at 10:50amHow in the heck is Warner Brothers liable? Are they going to sue DC Comics and Bob Kane’s estate for creating Batman as well?
Report Post »ScoobyCheese
Posted on July 24, 2012 at 11:08amI agree with GONZO. And, while he’s at it, why isn’t he suing himself? He was one of the many people supporting Warner Bros by waiting in line for a midnight movie to be one of the first to see the “rampant violence that is shown today.”
Report Post »I honestly feel bad for the guy, and I am sure he is traumatized, but he is being a wee bit hypocritical here.
Suing a company for making a movie that you couldn’t wait to see. Makes perfect sense.
Gonzo
Posted on July 24, 2012 at 11:18amScooby, I think Steve Urkel should sue him for stealing his style. “Did I do that?”
Report Post »DimmuBorgir
Posted on July 24, 2012 at 4:36pmJust another freeloader looking for a handout
Report Post »freedomisasfreedomdoes
Posted on July 24, 2012 at 10:22amWhen will frivolous lawsuit filings end? When will people stop treating the legal system as their means to an ends (the cash cow business)? Will any amount of money ever truly heal anything? There are definite times when a monetary punishment is warranted, and the people that file frivolous lawsuits potentially harm those who may suffer in the future and need the legal systems help. When people file frivolous lawsuits it could potentially harm potential victims in the future by diluting the meaning of the harm done.
Report Post »People do become desensitized.
johnjamison
Posted on July 24, 2012 at 10:32amIt’s not the Warner Brothers or the theaters fault nor are they in any way responsible for the actions of some effing psycho. It’s James Holmes fault and no one else. Our courts need to adopt the euro-model for civil suits where in the ambulance chasers are responsible for the defenses cost if the defendent is cleared.
Report Post »lawrench
Posted on July 24, 2012 at 10:52amI can understand about the exits not being monitored or guarded. But because of a violent movie? Come on, he paid to see the movie, he wanted to see the “Violent” movie. Be a Man and live with your decisions!
Report Post »EnigmanDen
Posted on July 24, 2012 at 10:21amDidn’t have to wait long for that, did we? It should be dismissed with prejudice.
Report Post »KeithOlberdink
Posted on July 24, 2012 at 10:20amWhy am I not surprised that the first lawsuit is filed by a black person. I guess the real question is, who won’t he sue?
Report Post »Gonzo
Posted on July 24, 2012 at 11:09amPlenty of litigious white people out there too.
Report Post »ScoobyCheese
Posted on July 24, 2012 at 12:42pmWow. Really?
Thanks for feeding the “people on The Blaze are racists” accusations.
The murderer with the assault rifle was a white guy but let’s focus on the race of the victim with a lawsuit.
Unbelievable.
Report Post »Mr_Ditters
Posted on July 24, 2012 at 10:20amSomething bad happened to me…now I deserve money. Someone must pay. Sue everybody.
Report Post »thetruthlives
Posted on July 24, 2012 at 10:20amLife is full of trauma. Why is it that slimy lawyers always want to enrich from the grief of others. The liability lies solely with the evil sick murderer. prospective litigants should be hapy they are still alive.
Report Post »Gonzo
Posted on July 24, 2012 at 11:12amWhy is that 90% of our elected officials were slimy lawyers first? We hate lawyers and then turn around and vote for them.
Report Post »Jenny Lind
Posted on July 24, 2012 at 10:13amHe must have gone to hear the music in the movie, and wasn’y expecting all that violence.Pfffffffft.
Report Post »freedomisasfreedomdoes
Posted on July 24, 2012 at 10:13amSo he and his attorney are suing bc the theater, Holmes doctor, and Warner Bros., could not predict or forsee this tragedy? I mean really? My condolences for him in regards to his friends death and this tragedy, but how contemptuous is it to attempt to profit off of it.
Report Post »mgonz76901
Posted on July 24, 2012 at 10:09amGet a room, guy!!! A rubber one, ’cause you’re wacko! I‘m sorry for your friends’ death and your trauma, but hurting this nation with a needless and pathetic lawsuit will just make this tragedy more tragic. Other people are hurting and they need to get past their grief. Stringing this mess out in a nationally televised courtroom is not the answer.
Report Post »philipzhao
Posted on July 24, 2012 at 7:04pmYou bought the ticket and you went to the movie. Nobody forced you !
Report Post »WillG
Posted on July 24, 2012 at 10:08amNot suprised.
Report Post »RightUnite
Posted on July 24, 2012 at 10:00amOh, this doesn’t surprise me… What’s funny is WB already paying off the victims, hoping this will alleviate any lawsuits…. Ppppffffttttt!
Report Post »nzkiwi
Posted on July 24, 2012 at 9:56amI guess he went to the “Rahm Emanuel” school and is not letting a tragedy go to waste.
Some people have no shame.
Report Post »landofaahs
Posted on July 24, 2012 at 9:55amOh yes. Money cures all ills does it not? Follow da money.
Report Post »Billw94
Posted on July 24, 2012 at 9:53amThe gunman is at fault for the action. WB has no fault period nor are the doctors. The movie theater not having alarms on the emergency doors should make them responsible for lack of security. I thought all doors had alarms so people did not open the doors and let people in for free to watch the movie?
Report Post »dgonzalez01
Posted on July 24, 2012 at 9:52amThe theator that posted you have no right to defend yourself (no guns allowed) should be the only one sued. By doing this they are responsible for the protection of their patrons. Therefore, the theator is 100 % responsible for the deaths for failing to protect their patrons. The only people that will follow gun laws are law abiding citizens not the criminals and since their is no government in the world that can ensure that they can 100 percent disarm the criminals they should leave our 2nd amendment as it was intended!
Report Post »Misticbuttrain
Posted on July 24, 2012 at 11:42amExcept even the cops said trying to shoot at Holmes would have ended in more lives lost and probably not even Holmes…it was bark, Holmes was in black and there was tear gas. I Live three blocks from that theater…I KNOW there was at least one person who had a gun there. I have brought it up to many people and most agree with me, there HAD to have been AT LEAST one person with a gun there. They don’t check upon entry. People who go there know this. Shooting at Holmes would have done nothing and now my movie prices are going to go up because he is suing the movie theater I love going to. Its frivolous. I know AJ’s girlfriends best friend who was also there and shes not suing…Its pointless. All of it is pointless. Even suing Holmes would be pointless. Money wont bring AJ back nor erase the memory of him nor stop the trauma.
Report Post »TulsaYeeHaw
Posted on July 25, 2012 at 7:21amWas the guy really wearing armor?
Report Post »Tri-ox
Posted on July 24, 2012 at 9:50amUh, huh? Not even injured, and looking for a payout – sad and disgusting. Sorry little man, but there is only one person who is responsible for your “extreme trauma”, and that appears to be your lawyer.
Report Post »Rillobymorning
Posted on July 24, 2012 at 9:49amWhen you voluntarily go to a movie that you know will be violent, how can you then sue for the choice you made to go watch it.
Report Post »barber2
Posted on July 24, 2012 at 9:56amBecause the lawyers have instilled the Blame Game mentality ! It is profitable for them and there are DEEP POCKETS out there to empty ! ( you will notice whom these dudes are suing )
Report Post »barber2
Posted on July 24, 2012 at 9:46amHere come the lawyers….
Report Post »Hoax And Chains
Posted on July 24, 2012 at 9:45amThe loonies just come out in droves after the first loony opens fire.
Report Post »This would be the same moron who would be protesting if armed guards were walking around to protect the movie goers.
Losing faith in humanity… one person at a time…
Thatsitivehadenough
Posted on July 24, 2012 at 9:44amThrow out this case. Too bad about his trauma, but life isn’t something that has a guarantee of nothing traumatic ever happening. Throw it out.
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