Cinemark movie survivors of the James Holmes "Dark Knight Rises'' shooting are on the hook for nearly $700,000 in expenses after a federal judge ruled the theater chain wasn't liable in the 2012 massacre that killed 12 and injured 70 in Aurora, Colorado.
U.S. District Court Judge R. Brooke Jackson had urged the survivors and Cinemark to reach a settlement in June, but at least one survivor balked at the theater's offer of $150,000 split among the 41 plaintiffs, said Los Angeles Times.
The plaintiffs lost leverage after a separate group of survivors lost a state court case in which the jury decided that Cinemark could not have predicted the events when Holmes went on a 10-minute shooting spree during the Batman movie.
A source told the Times that negotiations broke down when one of the plaintiffs rejected a deal that would have given $30,000 each to the three most critically injured survivors, with the remaining 38 plaintiffs equally splitting the remaining $60,000.
"It was the 12th hour, we were all feeling the same way," said Marcus Weaver, one of the plaintiffs, before the deal fell apart, noted the Times. "We all knew they were liable. We knew they were at fault. [The settlement] was a slap in the face. But I said, 'Let's go for it because it’s better than nothing.'"
The Chicago Tribune said that according to Colorado law the winner in civil suits has the right to collect cost of litigation from the loser. Cinemark lawyers submitted a bill of $699.187.13, telling the judge it spent the cash to preserve evidence and for expenses.
The Times said a source close to the theater chain claimed it had no intention of seeking recovery of court costs.
Even so, the ruling didn't sit well with Tribune business columnist Phil Rosenthal, who believes the ruling will be bad for the company's business.
"There are many other places to go see whatever blockbuster sequel or reboot is out in a given week and pay too much for popcorn and soda," Rosenthal said. "Consumers uneasy about what Cinemark's lawyers are doing will find them. They will practically feel it's their duty."
"Believe me, I had no desire to write about how idiotic Cinemark is being here. Cinemark, which is the nation's third-largest exhibitor and has eight multiplexes in Illinois, gave me no choice. I'm mad about that, too," he said.
Holmes was sentenced last year to 12 life sentences for murder, said CNN, and is not eligible for parole.