The James Holmes Aftermath: Wrongful Death Lawsuits

Roseville, CA — James Holmes would have been a brilliant man of science if he had not fallen off the rocker and tried to slaughter all those people inside the Cineplex 16 theater in Aurora, Colorado. He killed 12 people in cold blood and injured 58 others. And now the dust has settled and the lawsuits are starting to come in…

James Holmes is facing criminal charges for the crime he committed and could possibly receive the death penalty since the prosecutors of the case are gunning for the capital punishment with the aid of the relatives of the victims and the surviving victims. Then of course, aside from the criminal cases that will be filed against him, there are also those who will claim for personal injury and wrongful death.

But no one has yet filed a wrongful death lawsuit or personal injury case against him. Instead, the mother of one of the victims that got killed filed a wrongful death lawsuit against the movie theater. Shirley Wygal is the mother of victim, Rebecca Wingo, a 32-year old mother of two. Wygal is blaming Century 16 for the death of her daughter stating that the doors of the emergency exit should have been alarmed or guards should have been posted on the emergency exit. It is believed that Holmes propped the door open so that he could get back to his car and retrieve his weapons of annihilation. Also, a survivor of the shooting incident is contemplating on filing a lawsuit similar to Wygal’s but instead of the theater, this one is going to go after Warner Bros. and the doctors of James Holmes.

It is sad that those victims had to suffer, they do deserve justice and it is their right to sue but hearing these two cases, it makes one think about the motive of these people. To a certain extent, the Aurora Cineplex 16 may have some liability. The plaintiff’s attorney must prove that the theater had the duty of care to protect the safety of moviegoers and that the theater was negligent of that responsibility. But James Holmes is no ordinary psycho on the loose, even if the emergency exits had alarms on it, he probably would have disabled them first. And to think that this guy planned the whole thing up for several months, he probably went to that theater a few times to study the area and devised how he would attack people. As for the other victim trying to go after Warner Bros. and Holmes’ doctors, good luck establishing a case that would stand in court. As for the doctors, Holmes was an expert on neuroscience, he probably knew how to fool his doctors that he did not have any problem. He actually fooled everyone that he was just like everybody else, normal.

For Shirley Wygal, why is she the one suing not Rebecca Wingo’s husband? And why are they not suing James Holmes who is the one at-fault? The Aurora Cineplex 16 stepped up for the victims, the theater management called all the relatives of the dead victims and offered to pay for the funeral expenses and even offer financial help for those who were not covered by the Victims Advocate Fund. It was reported that Shirley Wygal refused and had her spokesperson provide a statement to the media. Wygal’s spokesperson gave this statement to entertainment news media TMZ: “Ms. Wygal is extremely grateful for all those who continue to donate to their family through a memorial fund and Rebecca’s two little girls left behind college fund via the families’ website at AuroraHeroes.com which is not only made for Rebecca, but for all the victims of the tragedy… Any and all additional funds will be transferred to the two little girls of Rebecca’s college fund.” She declined and now she is suing.

Wrongful death lawsuits are civil lawsuits and it involves putting an equivalent amount of money on a person’s life. These wrongful death lawsuits seem more like a money grab because they are not suing Holmes because he has no money (and according to reports he was even facing eviction before the shooting incident) so these people sue those who are capable in paying a settlement. Kind of sad that America has become lawsuit crazy.

But then there are those who are really seeking justice like Carli Richards, 22 years old, she got shot on her back with a shotgun and even posted her pic online with all the bullet holes and wounds she sustained. For her, James Holmes deserves the death penalty, not just the regular death but the most painful death possible. She wants him to die by firing squad. The husband of another victim that got killed is also pushing for the death penalty.

With a 1st degree murder charge and 142 other counts facing him, the only aftermath that James Holmes is going to face is either death by lethal injection or 800 years in jail more or less.

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