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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."

1071 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

788 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.

788 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.

788 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.

788 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.

788 days ago
141.

brooklynhitman    

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

788 days ago
142.

ginny    

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

788 days ago
143.

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.

788 days ago
144.

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.

788 days ago
145.

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!!!

788 days ago
146.

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?

788 days ago
147.

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!!!

788 days ago
148.

tenley    

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

788 days ago
149.

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

788 days ago
150.

Shoot    

This theater deserves to be sued but for different reasons. The management posted signs outside restricting the right of law-abiding concealed carry permit holders from entering. Given the fact that people who were licensed couldn't carry their firearms inside, this theater should of provided better security.

Given this mad man was wearing body armor, one or two armed civilians probably wouldn't of made much of a difference unless someone could make a face shot (given that was one of the only area's that wasn't bullet resistant). However as remote that might of be, I think something is better than nothing. Regarding backdrop, or what lies behind your target - I doubt anyone was hiding behind this mad man and he was already firing in the direction of innocent civilians....

788 days ago
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