DENVER (AP) — A federal magistrate judge is recommending the dismissal of some of the negligence and wrongful death claims filed against the owner of the Colorado movie theater where a gunman killed 12, but he says other claims can continue.
U.S. Magistrate Judge Michael Hegarty made the recommendation Thursday in seven lawsuits filed by people affected by the July 20 theater shooting against Cinemark.
The plaintiffs say Cinemark failed to prevent the attack, while Cinemark argues no one could have foreseen it.
Hegarty said the plaintiffs have to pursue their claims under the Colorado Premises Liability Act, which covers injuries on someone else’s property and essentially blocks the negligence and wrongful death claims.
Both sides have two weeks to ask U.S. District Court Judge R. Brooke Jackson to reconsider.
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