Family of teen paralyzed in Colorado Springs shooting sues shopping mall owners

Apr. 17—The family of a Colorado Springs teen who was paralyzed following a shooting at The Citadel mall in May of last year has filed a lawsuit against the companies that own the shopping center.

Stewart Miller Simmons, an Atlanta-based law firm representing Marjorie Bell and her daughter, Makayla Anderson, announced at a news conference on Monday that it is suing Citadel Mall Realty, Mason Asset Management and Namdar Realty, alleging substandard security practices that the law firm says led to the shooting.

"They do not have the proper security at that mall," said attorney L. Chris Stewart. "And that is why we filed a lawsuit and we will get justice not just for Makayla, but to protect every person in Colorado Springs."

"It's when companies put profits over people that lives change," said Kelley Simoneaux of the Spinal Cord Injury Law Firm, part of the plaintiffs' legal team. "And Makayla's life changed in a second."

On May 22, Anderson, then 12, was shopping at The Citadel mall when an argument between two groups erupted into gunfire. Anderson, who was reportedly waiting for a ride home, was struck in the chest by a bullet.

As a result of her injuries, Anderson is paralyzed from the waist down and has lost partial use of her right arm, Stewart said.

The lawsuit alleges that Anderson has endured, and will continue to endure, "overwhelming pain, suffering, loss of enjoyment of life, psychological trauma, and post-traumatic stress disorder, all of which will require a lifetime of care" that could cost tens of millions of dollars.

Stewart said the lawsuit will prove that the mall's owners were aware of at least six shootings that took place at The Citadel between Jan. 1, 2016, and May 22, 2022, and failed to employ measures — including an increase in trained security personnel, working surveillance cameras and other potential deterrents — that could have prevented Anderson's injury.

"Clearly, (the mall's owners) do not care about that mall or their patrons," Stewart said.

Marjorie Bell, Anderson's mother, said the shooting has permanently altered her daughter's day-to-day life. "Kayla," as Bell calls her, is in near-constant pain, struggles to sit up and has trouble with simple tasks like bathing, Bell said. Additionally, the family lacks the financial resources to make their home and van wheelchair accessible.

"She's in excruciating pain," Bell said. "It's so heartbreaking to watch Kayla have to go through this. She can't even enjoy her life like a normal child anymore."

Simoneaux, who lost the use of her legs at 16 following a spinal cord injury, said the alleged negligence of The Citadel's owners has fostered an atmosphere where violent crimes regularly take place, which led to the "preventable" incident that paralyzed Anderson.

"A spinal cord injury is the most permanent, most expensive injury you can ever have in your life," Simoneaux said. "Her needs are tremendous. And it's up to the companies that have contributed to what Makayla has gone through, to do the right thing, and to change their practices, and do what's right for Makayla."

Namdar Realty and Mason Asset Management, which also own Chapel Hills Mall in Colorado Springs, said they could not comment on an ongoing lawsuit, but that their "thoughts and prayers" go out to Anderson and her family.

"Makayla is yet another victim of senseless gun violence across communities all around the United States, and it is our hope that she and her family can find peace and continue recovery during this difficult time," a representative said in a statement.

Stewart said the owners' future actions will prove, or disprove, their sincerity.

"What (The Citadel mall's owners) are doing is atrocious," Stewart said. "This lawsuit, we pray, will stop that."

The lawsuit comes two weeks after an officer-involved shooting at The Citadel left a teen dead when at least one Colorado Springs police officer exchanged fire with a 19-year-old in Burlington Coat Factory. The shooting on April 3 was preceded by an undercover surveillance operation of a group on foot through the mall.

The mall was also the scene of a double killing in March 2022 when two young men died by gunfire after what police described as a fight in the parking lot outside Dillard's and Burlington Coat Factory. At some point during the altercation, shots were fired and four people were hit, killing two men in their early 20s.