Granby theater lawsuit might be dismissed, club's attorney says

By Matthew Roy
The Virginian-Pilot

NORFOLK

Granby Theater has won a ruling in a lawsuit that seeks to hold the club liable for a shooting there that gravely wounded a patron, according to the theater's lead attorney.

Jeffrey F. Brooke said Judge Norman Thomas last week sustained a demurrer seeking to have the suit dismissed and that the judge was expected to sign an order dismissing the complaint.

Thomas is allowing the other side 21 days to amend the lawsuit. Carl C. La Mondue, who represents the plaintiff, said he will revise the complaint and attempt to pursue it.

In March, Thomas Holmes was shot repeatedly in the club. A suspect, Joseph Reid III, has been charged with attempted murder. The club was closed by the city amid the scrutiny that followed but has re opened.

Acting on Holmes' behalf, his mother, Patricia, had sued the club, two employees, owner Bobby Wright and business entities, as well as Reid, alleging the club was negligent in allowing a patron with a gun inside.

Virginia law says liability in such cases rests with the assailant, except under special exceptions, Brooke said. La Mondue had argued the club had a special duty to protect Holmes because the shooting occurred in what he called a "gangster-rap atmosphere" there. He said Holmes remained in Sentara Norfolk General Hospital and has amassed more than $1.4 million in medical bills.