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James Holmes Massacre

First Lawsuit

7/24/2012 9:00 AM PDT BY TMZ STAFF
EXCLUSIVE

James Holmes mug shotOne of the victims in the James Holmes mass murder spree has lawyered up and plans to file a lawsuit ... because he feels the theater dropped the ball in a very fatal way.

Torrence Brown, Jr. was in Century 16 Theater when Holmes let loose.  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.

0723_torrence_lawsuit_james_holmes_article
Brown has hired attorney Donald Karpel to rep him.  Karpel tells TMZ ... he is targeting 3 defendants.

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.

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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."

1072 COMMENTS

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136.

Matt    

sue the production company of the movie that you paid for and were probably very excited to go and see...that makes a lot of sense

730 days ago
137.

ike4nsync    

Doesn't surprise me but does disappoint. They voluntarily went to a movie they knew would be similar to the first two. Warner Bros and those who made TDKR had no fault in this tragedy.

730 days ago
138.

John    

How stupid. He should be suing the so-called 'gun control' groups whose political activism prevented the people in the theater from being able to defend themselves and stop the maniac.

730 days ago
139.

Crystal    

Hmmm, how can he say that Holmes was mimicking the violent action portrayed in the movie if he had not yet SEEN the movie? And suing Warner Bros. because "Somebody has to be responsible for the rampant violence that is shown today." Ok, if you believe that a movie is inappropriate for you or your children for whatever reason, you do have the choice to not go see that movie. So maybe someone has to be responsible for what they choose to watch. That's what the ratings system is for, to let you know ahead of time what kind of material is featured in the film. Maybe he should sue his parents for letting him go see the movie. Or sue Chevrolet for building the vehicle that drove him to the theater. Don't get me wrong folks, I do have compassion for the people who died, were injured, or simply witnessed this massacre but you'd think that the first lawsuit that came about would have at least been filed by someone who has medical or funeral expenses. Give me a break.

730 days ago
140.

ME    

There should be a new law that requires people who file BS lawsuits have to pay all cost that are associated with such suits. maybe people would think twice before wasting taxpayers money and courts time.

730 days ago
141.

brooklynhitman    

he was denied benefits under obama so he wants to get rich easy slimeball dirtbag...

730 days ago
142.

ginny    

This is so typical. And, yeah, you know exactly what I am talking about.

730 days ago
143.

Keyser Söze    

I can see the theater's negligence here, but I have a hard time not thinking that Brown hired an ambulance chaser when it comes to Holmes' doctors and Warner Bros.

So far, it completely speculative to say that Holmes was mentally unstable, so, regardless of the pills he may have had, there's absolutely no prove of any wrongdoing from any physicians that could have prevent this massacre.

Blaming Warner Bros. for it is even more ridiculous. So Karpel, are you really trying to claim that Holmes had no intention of killing anyone BEFORE watching just 20 minutes of DKR, but then, was so excited by all the violence on screen that he just had to go pick up his guns and fired at a bunch of people? Cause, see, you are actually blaming a movie that, essentially, THAT MUTHAF*CKA DIDN'T EVEN WACH. How the f*ck Warner could have foreseen such an act - when exactly was it their responsability to regulate their movies over the actions of all the psychos out there? And, if it was foreseeable that something like that could happen, why on Earth did your client went to that screening at midnight? If studios could truly be liable of the future actions of the morons that go see their films, they would be successfully sued all the time (which isn't remotely the case right now); the difference here, and it's a major one, is that Holmes didn't even see the movie before planning his attack. So going after Warner reek of financial opportunity, not justice.

Brown, I really feel sorry for you - honesty, if the same sh*t happen to me, I have absolutely no idea how I could deal with it. But 1/3 of your lawsuit here... man, that thing is shady as all hell. And all that money you're seeking, it ain't gonna bring you any peace from this tragedy. Find another, better way to come to term with this - yes, you should sue the theater, but don't try to make a couple more bucks from going after targets that have sh*t to do with this. That's blood money, son. As for you, Karpel... well, the way you're using your law degree will obviously guarantee your place in hell, with most of your likes. So carry on, satan's spawn, 'til the day death will finally get us rid of you.F*cking lawyer.

730 days ago
144.

tenley    

The sh*tty thing is this guy isn't even one of the more than 70 people physically injured but he's first out of the gate with his hand out for money. Gross.

730 days ago
145.

janet    

C'mon guys, you know this wasn't going to take long at all. This is all about money now. No one cares about the victims or their families. It's now how can I make a quick buck off of this.


Everyone is going to come out of the woodwork claiming crap to try and make money.


This guy is so tramuatized he went stright to a lawyer. Typical lawyer crap someone has to be responsible for this. Karpel just want's his 40% cut of the money.


The only one responsible for this is James Holmes himself and no one else. Good luck with this bogus lawsuite.


Just heard on the news that gun sales in CO. went up 41% and they are putting a gag order on this.

730 days ago
146.

eric    

Wow, I am sorry I have been to movie theaters and there is never a guard by the emergency exit considering it is fire code to have a door in case of fire or emergenmcy, also you can't hold warner bros responsible for the simple fact how many movie's come out that is way more violent than this and the only one to blame is James Holmes take that to the bank that this will be dismissed in court what a shame!!!

730 days ago
147.

Sinjin    

Blame the movie!? Blame the doctors!? Blame the theater!? Can this douche be anymore obvious that his motives are purely for monetary gain? I'm shocked he's not blaming the gun and ammo manufacturers too. Thanks to the trial lawyer lobby in DC, frivolous lawsuits are now common place in present day America.

How about blaming the whackjob who committed the act? Ever consider this?

730 days ago
148.

eric    

Wow, I am sorry I have been to movie theaters and there is never a guard by the emergency exit considering it is fire code to have a door in case of fire or emergenmcy, also you can't hold warner bros responsible for the simple fact how many movie's come out that is way more violent than this and the only one to blame is James Holmes take that to the bank that this will be dismissed in court what a shame!!!

730 days ago
149.

tenley    

But the manufacturers of the weapons, especially the semi-automatic -- oh no, they're not listed on the lawsuit.

730 days ago
150.

Kristoferian    

I hope this douchebag doesn't get a single cent, nothing happened to him, and saying the dark knight made him do it is saying violent video games turns every kid into a killer

730 days ago
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