The first lawsuit related to the James Holmes shooting has been filed by a movie-goer who was in attendance at the Century Aurora 16 last Thursday night—but not one who was in theater 9.

TMZ reports that Torrence Brown, Jr., was in theater 16 at the time of the shooting. Brown’s friend A.J. Boik was in theater 9, and was shot in the chest and killed. Brown has hired attorney Donald Karpel to sue for damages for the extreme trauma he suffered and continues to suffer.

Karpel tells TMZ that his suit targets three parties: The theater, which he claims was negligent in leaving the emergency exit doors at the rear of the teater unguarded