Cinemark to reopen Aurora shooting theater in 2013

Two lawsuits were filed Friday in U.S. District Court on behalf of Denise Traynom, Brandon Axelrod and Joshua Nowlan. Their attorney, former Denver judge Christina Habas, declined to comment. A spokeswoman for Cinemark USA Inc. had no immediate comment.

The lawsuits filed against the subsidiary of Cinemark Holdings Inc. are believed to be the first. They were filed the same day the company revealed plans to refurbish and reconfigure the theater and have it ready to open by the beginning of 2013.

James Holmes, 24, is accused of killing 12 people and wounding 58 others during a special midnight showing of "The Dark Knight Rises."

Prosecutors allege the former University of Colorado, Denver, graduate student left the theater through a back exit, propped open the exit door and re-entered the theater to begin the shooting. The lawsuits claim Holmes was able to move his car into position after he left the theater through the back exit.

In addition to failing to have alarmed exit doors, the lawsuits claim Cinemark was negligent in failing to hire extra security for the midnight showing or generally protect patrons who were sitting in a darkened theater. They also say Cinemark failed to help evacuate the theater even after the shooting ended. The lights were either off or very low even after the gunfire stopped, according to the lawsuit.