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Sept. 11 Lawyer Files Lawsuit For Some Theater Shooting Victims

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Attorney Mark Bern in Aurora on Tuesday (credit: CBS)

Attorney Mark Bern in Aurora on Tuesday (credit: CBS)

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AURORA, Colo. (CBS4) – He won $816 million for the emergency responders of Sept. 11 who got sick. Now the same lawyer is filing a lawsuit for some of the victims of the Aurora theater shootings.

The lawsuit names not only Cinemark, the theater’s owner, as a defendant, but it also lists the manager and general manager at the Aurora location. That’s a first in the lawsuits that were seen filed so far.

On Tuesday the victims talked about why more could have been done to keep them safe inside the theater.

Fred Vojtsek, whose 23-year-old daughter was inside, says his family has a lot of questions.

“You do kind of wonder about the ease at which this was able to happen. That’s just kind of the first thing that goes through your head — was there security?” Vojtsek said.

The lawsuit filed has been filed on behalf of nine victims. It alleges that theater managers Nathan Crowdes and Jennifer Strensrud “knew of criminal activity and disturbances” in the past but no precautions were taken to ensure the safety of movie-goers.

“If we could close down Cinemark worldwide, we would do that and maybe that would teach them a lesson,” attorney Mark Bern said.

Bern Is seeking compensation for his clients. The complaint says alleged gunman James Holmes entered through an exit “door not equipped with a functioning alarm.” Police say Holmes propped the door open to later re-enter.

The suit also says there was no alarm activated as Holmes was inside shooting and that no theater employees safely evacuated patrons.

Cinemark would not comment on the lawsuit but did point out that on a previously filed lawsuit against them that the shooting was an unforeseen tragedy. They are asking for that lawsuit to be dismissed.

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