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.
|Torrance Brown, Jr.|
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."
As to that last statement, indeed someone does - but that may just turn out to be only James Holmes, who may just face no criminal culpability due to insanity. But evidently will not face civil liability from Mr. Brown as Holmes is noticeably absent from the lawsuit.
What are the damages? I have no doubt that Brown suffered shock and grief, both at the loss of his friend and general circumstances. But to what extent? Typically, in a civil case one must show damages to have a cause of action: loss of income, medical bills, etc. The shooting happened less than a week ago - but presumably Brown's attorney, Karpel, can already make the statement that he thinks Holmes' doctors dropped the ball.
And I would like to ask Karpel a question regarding his client: If "Dark Knight Rises" is particularly violent, why was Brown in the theater? Why did he not leave when the violence became apparent? If I were a defense attorney, I think I might want to take Brown's deposition and ask whether he is fond of video games, and which ones.
In my opinion, this seems to lack good faith and instead seems to be more of a rush to get first in line to collect money from . . . someone. But not Holmes - his pockets are not deep enough.
On a side note: I don't hear the sound of cloven hooves or smell brimstone here. Is Gloria Allred on vacation?