Theater owner, being sued by shooting victims, says Holmes should be held accountable for his share of the damages
James Holmes, who's facing trial for a shooting spree at a screening of "The Dark Knight Rises" at an Aurora, Colo., movie theater that left 12 people dead and dozens injured, has been named as a non-party at fault in a lawsuit against the theater where the shootings took place.
In legal papers filed in U.S. District Court in Colorado on Tuesday, Century Theatres Inc. — which owns Century Aurora 16, the site of the July 2012 shootings — names Holmes as a nonparty at fault.
The suit also names Holmes' psychiatrist, Dr. Lynne Felton, and Holmes' school, the University of Colorado, as liable nonparties at fault.
By naming Holmes, Fenton and the university as nonparties at fault, Century is hoping that it will only be held responsible for its fair share of damages should it be found liable.
Century is being sued by a number of victims in the shooting, who claim that the theater was negligent and provided improper security during the screening, and that the theater failed to help patrons evacuate after the shootings.
Holmes is named as a nonparty at fault "because he is the perpetrator of this mass murderous assault," while Fenton is named because she allegedly "failed to use reasonable care" in treating Holmes.
The University of Colorado has been named as a nonparty at fault because, Century claims, "it voluntarily undertook a duty to identify and respond to credible threats … and failed to use reasonable care in protecting others from the violent actions of Mr. Holmes."
Holmes, 25, is expected to go to trial next year. Prosecutors are seeking the death penalty.
Pamela Chelin contributed to this report.