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ELLIOTT N. TIOMKIN, ESQ.

LAW OFFICES OF ELLIOTT N. TIOMKIN
4933 Lindley Avenue
Tarzana, California 91356
(310) 774-1437 telephone
(818) 578-6648 facsimile
etiomkin@gmail.com electronic mail
Attorneys for Plaintiff MICHAEL MCGEE
IN THE UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO

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MICHAEL MCGEE,

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Plaintiff,

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vs.
CITY AND COUNTY OF DENVER;
FAITHON LUCAS
Defendants.

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COME NOW, plaintiff MICHAEL MCGEE and for causes of action against defendants,

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and each of them, alleges:

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) CASE NO. 1:16-cv-01523

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) COMPLAINT FOR DAMAGES
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1. NEGLIGENCE
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) REQUEST FOR TRIAL BY JURY
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GENERAL ALLEGATIONS
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Original jurisdiction of this Court is invoked under 28 U.S.C. Section 1332.

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At all times material herein, plaintiff was a citizen of the United States, domiciled in the

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County of Los Angeles and the State of California.

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3.

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Defendant CITY AND COUNTY OF DENVER is and at all times material herein was a

public entity duly organized by charter and existing as such in the State of Colorado.

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4.

At all times material herein, defendant FAITHON LUCAS was a citizen of the United

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States, domiciled in the County of Denver, State of Colorado.

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5.

The amount in controversy in this action exceeds $75,000.

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FIRST CAUSE OF ACTION

AGAINST ALL DEFENDANTS FOR NEGLIGENCE

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10.

Defendant CITY AND COUNTY OF DENVER owns and operates a public park which

is a large entertainment venue known as Red Rocks Park and Amphitheatre [RED ROCKS.]
RED ROCKS has a capacity of up to 10,000 people and hosts internationally famous events and
concerts several times per week.

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Defendant CITY AND COUNTY OF DENVER markets and promotes the RED ROCKS

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venue along with a comprehensive array of services. RED ROCKS promises to provide artists

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and perfomersas well as visitors and ticketholderswith food services and concession,

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parking janitorial, ushering and security services.

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12.

Plaintiff is informed and believes that at all times herein mentioned, the policy of

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Defendant CITY AND COUNTY OF DENVER was that firearms were not permitted on the
premises of the RED ROCKS.

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13.

At all times herein mentioned defendant CITY AND COUNTY OF DENVER employed

security personnel in order to enforce the policy prohibiting firearms inside the RED ROCKS

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venue, and in order to keep their invitees secure.

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14.

On or about June 19, 2014, a concert featuring performers Schoolboy Q, Nas, and Flying

Lotus was held at the RED ROCKS. Defendant FAITHON LUCAS was the promoter of the

event. Defendants CITY AND COUNTY OF DENVER and FAITHON LUCAS assumed the

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duties of providing and maintaining security at the June 19, 2014 event. Additionally, since
CITY AND COUNTY OF DENVER and FAITHON LUCAS had full and complete possession
and control over the RED ROCKS, they had a statutory duty to use reasonable care to protect
invitees from dangerous conditions about which they knew or should have known.

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15.

Plaintiff was an invitee at the June 19, 2014 event. Plaintiff was a member of staff for an

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event performer, Schoolboy Q.

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16.

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DENVER and FAITHON LUCAS negligently owned, maintained, managed, and operated the

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venue, and negligently failed to supervise, secure, guard, maintain, inspect and manage the

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On June 19, 2014, at approximately 10:25 PM, defendants CITY AND COUNTY OF

premises of the RED ROCKS, so as to allow an individual to enter the premises of the RED

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ROCKS with a firearm in his possession. Therefore, they created or allowed the creation of a
dangerous condition upon the premises of the RED ROCKS.

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17.

On June 19, 2014, at approximately 10:25 PM, inside the RED ROCKS, in the area

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directly behind the Amphitheatre, and in front of the Red Rocks Trading Post, an individual

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entered the RED ROCKS, was not subjected to any security screening whatsoever, and fired a

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firearm at a Chevrolet Suburban in which plaintiff was present, shooting plaintiff in the head.

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Defendants knew or should have known of the danger inherent in failing to provide

adequate security. The RED ROCKS venue is an open air facility enclosing many thousands of

people on a nightly basis. RED ROCKS had experienced other violent incidents in the past.

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Performers have drawn attendees with aggressive demeanors and rivalries and some of the
events have erupted into violence. As a result, defendants promised significant security and
screening at the June 19, 2014 event. Instead, security was lax, armed guards were not to be seen,
and screening was not implemented.

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19.

In accordance with C.R.S. 24-10-109, notice was provided to the CITY AND COUNTY

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OF DENVER within 179 days of the date of injury. Said notice included the name and address of

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the claimant and the name and address of his attorney; a concise statement of the factual basis of

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the claim, including the date, time, place, and circumstances of the act, omission, or event

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complained of; a concise statement of the nature and the extent of the injury claimed to have

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been suffered; and a statement of the amount of monetary damages that is being requested.

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20.

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of them, plaintiff has suffered and will continue to suffer physical injury, as well as mental pain,

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fear, anguish, torment, anxiety, humiliation, depression and emotional distress, all proximately

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As a proximate result of the aforementioned acts and omissions of defendants, and each

resulting in some permanent impairment, disability and damage, according to proof.

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of them, plaintiff has incurred and will continue to incur doctor, medical, psychiatric,

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As a proximate result of the aforementioned acts and omissions of defendants, and each

pharmaceutical and incidental expenses, according to proof.

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22.

As a proximate result of the aforementioned acts and omissions of defendants, and each

of them, plaintiff has lost, and will continue to lose, earning capacity, according to proof.

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WHEREFORE, plaintiff MICHAEL MCGEE, prays judgment against these defendants

and each of them, as follows:
1. For general damages, according to proof;

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2. For special damages for medical and related expenses and loss of earnings, according
to proof;
3. For plaintiffs costs of suit herein;

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4. For such other and further relief as this Court deems just and proper.
Dated: June 18, 2016

LAW OFFICES OF ELLIOTT N. TIOMKIN

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BY

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S/
________________________________
ELLIOTT N. TIOMKIN
Attorneys for Plaintiff, MICHAEL MCGEE

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REQUEST FOR TRIAL BY JURY

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Plaintiff MICHAEL MCGEE hereby requests a trial by jury of the within action.
DATED: June 18, 2016
LAW OFFICES OF ELLIOTT N. TIOMKIN

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BY

S/

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________________________________
ELLIOTT N. TIOMKIN
Attorneys for Plaintiff, MICHAEL MCGEE

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