Marshall fire losses now expected to exceed $2 billion — making it the 10th costliest wildfire in U.S. history
Initial estimates following Dec. 30 wildfire had pegged overall losses at $500 million
Denver Post 10/27/2022
Boulder Sheriff still has not released its report on the cause of the fire. Class action lawsuit filed by Denver Injury Law, LLC (Denver) and Schack Law Group (San Diego) against Xcel Energy continues in Boulder District Court under lead attorney for Plaintiffs (fire victims), Denver trial lawyer James Avery.
Case Number: 2022CV30195 Division: 2
If you were a victim of the fire (evacuated, or burned) and want to be included as a claimant in the lawsuit, regardless of insurance coverage issues, please contact Denver Injury Law, LLC and Schack Law Group.
NOTICE: Boulder Town Hall Meeting, Apr. 9, 2022, 2:00p to 5:00p, at Tandoori Grill, 619 S. Broadway (SW corner of Table Mesa Blvd and Broadway).
BREAKING NEWS: APRIL 9, 2022: Denver Injury Law LLC and Schack Law Group have learned from eyewitnesses that the PSC_Xcel property on the upwind outskirts of Superior was covered with tons of dry wood chips that caught fire and blew burning embers into the air with 100+ mph winds creating an inferno on the upwind edge of town. Details of the Boulder Fire Class Action lawsuit below. See Link-Click Here for breaking news.
Class Action Victim Compensation Hotline-Call: (720)921-0555
3/31/22, Boulder Colorado.
In what appears to be the largest damages lawsuit in Colorado history, Denver Injury Law, LLC @ Boulder and Schack Law Group of San Diego, California filed the lawsuit today, a class action, on behalf of victims of the Boulder Marshall Wildfire against Xcel Energy. The suit alleges Xcel was negligent in its maintenance of power lines in the vicinity of Highway 93 at the intersection of Highway 170 near Eldorado Springs, and that the fire terrorized and damaged the plaintiffs. Over 1,000 homes and businesses were destroyed, and 6,000 acres burned. One person is reported dead and another remains missing after the fire. The lawsuit seeks to establish a class of victims, or will advance individual claims of the named plaintiffs. Total property losses are estimated at Five Hundred Million Dollars ($500,000,000.00). Individual plaintiffs can claim up to $642,180 each for non-economic losses under state law. Exemplary damages can equal 1:1 (doubling the award), if permitted. Litigation costs are also recoverable. “This negligence damages case will likely exceed $1 billion,” according to James Avery, Denver’s Top Trial Lawyertm, and lead trial counsel in the case. Update: October, 2022 the state updated its loss figure to $2 Billion.
The lawsuit has garnered significant media attention. A Town Hall will be hosted by the law firms representing the plaintiffs on Wednesday, April 6, 2022, 5:30-7:00 p.m. at Tandoori Grill, 619 S. Broadway, south Boulder (near King Soopers shopping center). A hotline has been established for victims to register for information about the lawsuit or join the litigation. Insurance claims also accepted. Call 720-921-0555. Victims may also complete the contact form below to connect with Denver Injury Law, LLC and Denver’s Top Trial Lawyer James Avery (Counsel of Record in the Class Action lawsuit).
Recent news: Denver Injury Law LLC (DIL) and Schack Law Group have successfully defeated a motion to dismiss filed by Public Service Company of Colorado to dismiss the lawsuit, which alleged the claims to be groundless. The District Judge ruled the lawsuit stated numerous viable claims against Public Service Co. of Colorado. A motion to dismiss filed by Xcel Energy Inc. (MN) as parent company are still pending and being defended by DIL and Schack. A copy of the Order can be viewed by clicking on this link:
The completion of a contact form does not establish an attorney-client relationship, but all communications will be kept confidential as prospective client communications.
The case has garnered immediate national publicity. News stories suggest two ignition points (both in the vicinity of Xcel Energy power line alleged in the lawsuit to have crossed). Top stories:
Apr. 8, 2022- The 20th Judicial District in Boulder Bench has recused itself from this case. The case will be transferred to another district or a retired Judge.
Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations:
Where the judge has a financial interest in the case’s outcome.
Where there is otherwise a strong possibility that the judge’s decision will be biased.
In either case, it does not matter whether or not the judge is actually biased. What matters is that even if the judge is not biased, the high probability of bias still damages the integrity of the judicial system. Any party in a lawsuit may request that a judge recuse him or herself.
In addition, the Constitution of the State of Colorado, Art. XXIX, Sec. 1 provides:
(1) The people of the state of Colorado hereby find and declare that: (a) The conduct of public officers, members of the general assembly, local government officials, and government employees must hold the respect and confidence of the people; (b) They shall carry out their duties for the benefit of the people of the state; (c) They shall, therefore, avoid conduct that is in violation of their public trust or that creates a justifiable impression among members of the public that such trust is being violated; (d) …
Colorado Rules of Civil Procedure, Rule 97 provides:
A judge shall be disqualified in an action in which he is interested or prejudiced, or has been of counsel for any party, or is or has been a material witness, or is so related or connected with any party or his attorney as to render it improper for him to sit on the trial, appeal, or other proceeding therein. A judge may disqualify himself on his own motion for any of said reasons,…Upon disqualifying himself, a judge shall notify forthwith the chief judge of the district who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the court administrator who shall obtain from the Chief Justice the assignment of a replacement judge.
February 1, 2020 – Announcing the selection of James W. Avery among America’s Top 100 High Stakes Litigators® for 2020. Previous selection includes 2019 (Inaugural year). Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.
When experience counts, trust Avery Law Firm to handle the case. Contact James Avery now! Call +1-303-840-2222 or complete the confidential contact form below (24/7). New York-Colorado-Indiana
Salainis
I had learned already many of the Outland methods of communicating by forest notes rather than trust to the betraying, high-pitched human voice.
None of these was of more use to me than the call for refuge. If any Outlier wished to be private in his place, he raised that call, which all who were within hearing answered.
Then whoever was on his way from that placed hurried, and whoever was coming toward it stayed where he was until he had permission to move on.
Contact: Caley Pruitt, Public Information Officer, Colorado Division of Fire Prevention and Control, caley.pruitt@state.co.usTracy LeClair, Communications & Outreach Specialist, Colorado Division of Fire Prevention and Control, tracy.leclair@state.co.us
October 25, 2022- A Facilitated Learning Analysis (FLA) was requested by Mountain View Fire Department, Louisville Fire Department, Boulder County and led by the Colorado Division of Fire Prevention and Control (DFPC) to review the Marshall Fire which occurred on December 30, 2021, in Boulder County. The FLA was requested to gain a deeper understanding of what occurred during the Marshall Fire response. The report is intended to be an educational and training tool for first responders. The report will help those who were directly involved in the incident learn and understand what occurred during response efforts, and provide the ability to share that information with others moving forward.
The FLA team focused on specific stories and lessons learned related to the following:weather/atmospheric conditions that contributed to the incident; observed fire behavior; agency participation and coordination; communication interoperability among responding resources; evacuations; and the mobilization of resources.Click here to review FLA- FAQ’s.
The Boulder County Sheriff’s Office is conducting a separate investigation into the cause and determination of the fire. As of the date of this Analysis, the Sheriff’s determination has not been released. Click here to access the Boulder County Recovery Efforts website.
Comment:
This analysis does not provide any new or additional data to Denver Injury Law LLC’s investigation and is based on the limited perspective of a few first responders with the fire department. As such, it is not scientifically based. It is merely an anecdotal report. It does not address the cause of the fire or establish its origin. It does not include a comprehensive review of all 911 reports, or after-acquired reports or investigations. There is no mention of forensic evaluations of any kind, such as origin analysis. There is no mention of multiple 911 reports of arcing power lines, the ignition of piles of wood chips on Xcel Energy property outside of Superior or its impact (although a fire storm in the area and flying burning embers are reported), no mention of the origin, only the actions and observations of a few fire department personnel who responded to the scene and quickly became engulfed in the fire and response to it. The analysis specifically disclaims further analysis beyond the observations of the initial responders who provided their observations. As a limited ‘observation based’ analysis, it is incomplete. The flow analysis is likewise based on limited data, and lack of inclusion of the multiple points of origin determined by forensic evaluation.
A comprehensive evaluation of this report will require an examination of all underlying data and drafts.
If you have been injured in the Boulder Marshall Fire and wish to join the Class Action lawsuit, contact Denver Injury Law, LLC and Schack Law Group. There is a general two year statute of limitations applicable to most claims.
Re: Child Sex Abuse Accountability Act Ruled Constitutional by Arapahoe Court
Denver, Colorado- DENVER INJURY LAW, LLC. Trial lawyer James Avery has obtained the first state court ruling successfully defending and holding that the newly enacted SB021-88, Child Sex Abuse Accountability Act, is constitutional. Opponents of the Act urged the Legislature to reject the proposed law, arguing that it violated the Colorado Constitution; instead, the Legislature enacted the new law, which when signed by Governor Polis, created a new cause of action for child victims of sexual assault against perpetrators and the entities that enabled them. The law also eliminated statutes of limitation for future victims. District Court Judge Peter Michaelson issued the ruling on September 21, 2022 in the case of Norris v Cherry Creek School District. The Defendants appealled this decision to the Court of Appeals, which dismissed the appeal.
“The significance of this ruling for child sex abuse victims cannot be overstated. There has never been a case in Colorado where an entity has been held legally responsible for child sex assault. It has been a long battle getting a case into the courts on behalf of my client, Ms. Norris, who was repeatedly sexually abused as a child attending Cherry Creek School District’s Smoky Hill High School. We hope this ruling encourages more victims to seek justice in the courts” says lawyer James Avery. In the lawsuit, the victim alleges while hidden in the Smoky Hill High counselor’s office room, social studies room, and other private places, Defendant Kaempfer began having sexual relations with her in the Spring of 1980 when she was a student aged 17, which conduct continued throughout the Spring of 1980. Kaempfer engaged in such sexual misconduct on the premises of the Smoky Hill High School and outside it and numerous other employees of the School are alleged to have been aware of and kept quiet about the abuse. Kaempfer was never publicly disciplined or charged with any crime for the offenses. Damages under the new law are capped at $1 million.
Boulder, CO- April 9, 2022. Denver Injury Law LLC and Schack Law Group hosted a Town Hall seminar for the public and victims of the Marshall fire of December 30, 2021, and broke new information about the substantial causes and severity of the burning to decimate Superior, Louisville and Lafayette townships. Public Service Company Xcel owns property nearby the Sagamore neighborhood in Superior, which was completely decimated by the Marshall Fire. Denver Injury Law LLC and Schack Law Group have learned from eyewitnesses that the PSC_Xcel property was covered with tons of dry wood chips that caught fire and blew burning embers into the air with 100+ mph winds creating an inferno on the upwind edge of town.
Public Service Company Xcel Property near Superior, COBoulder County Assessor Property InformationAerial photo of Public Service Company Xcel Property before fireOverlay of Property near Superior, CO
Denver Injury Law LLC and Schack Law Group have released a press statement about the new information:
5 separate lawsuits have been filed by Denver’s Top Trial Lawyer James Avery on behalf of victims for damages concerning sexual misconduct suffered as minors at the hands of “persons in a position of trust” and organizations responsible: Cherry Creek School District, Aurora Public School District, Boulder Valley School District, and Highlands Ranch Community Assoc. One teacher raped a student on the campus by a teacher at Colorado Academy (Lakewood, CO), one guidance counselor at Rangeview High School (Aurora, CO), one a basketball coach at Broomfield High School (Boulder County, CO), one a basketball coach at Smoky Hill High School, and one a coach at Highlands Ranch Northridge Community Center.
Breaking news: Sep. 21, 2022-Avery Law Firm secures ruling in Arapahoe County District Court (Norris v. Cherry Creek School District-Judge Peter Michaelson) that the Child Sex Abuse Accountability Act is constitutional. See Link for details.
Subject: COLORADO’S NEW CIVIL CAUSE OF ACTION ALLEGING SEXUAL MISCONDUCT AGAINST MINOR: CASE FILINGS AGAINST CHERRY CREEK SCHOOL DISTRICT, BOULDER VALLEY SCHOOLS, AURORA PUBLIC SCHOOLS, HIGHLANDS RANCH COMMUNITY ASSOCIATION, AND COLORADO ACADEMY
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed multiple civil causes of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088) governing Sexual Misconduct Against Minors, the Child Sex Abuse Accountability Act, Colo. Rev. Stat. 13-20-1202 (eff. 1/1/22).
Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) against Cherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer (all former Smoky Hill High School counselors or teachers).
Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools’ Smoky Hill High School. Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct. Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint. Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.
Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30042) on behalf of Brian Coursey (a former student athlete at Broomfield (CO) High School) against Boulder Valley School District and Robert T. Osborne, Jr. (a former freshman basketball coach at Broomfield High)
Plaintiff Brian Coursey, age 47, claims that he was sexually abused as a minor (ages 14-15) for years (1989-90) by Defendant Robert T. Osborne, Jr., age 40, a person in a position of trust as his freshman basketball coach, at Boulder Valley School’s Broomfield High School. Osborne, an adult, was not reported and not charged at the time of the offense.
Coursey complained to law enforcement in 1993 and Osborne was found guilty of charges related to sexual assault on a child and sentenced to jail. Coursey has never been contacted by Boulder Valley School District, although he believes the School District was contacted by the Boulder Sheriff Office at the time of his complaint.
3 Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.
4. Case filed in Douglas County District Court-Castle Rock, Colorado (Case No. 2021cv31001) on behalf of Emily Stanton (a Colorado nurse) against Highlands Ranch Community Association, Matt Muller (HRCA Supervisor) and William Fearing (a former Highlands Ranch Community Association racquetball program director and coach of youth leagues).
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at Highlands Ranch Community Association’s Northridge Community Center. Fearing was supervised by Defendant Matt Muller, who was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.
5. Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30001) on behalf of Kate McPhee (a Vermont artist) against John Kelly (a prominent Aspen, CO photographer and former Colorado Academy teacher), Albert Brown (member of the iconic Brown family that helped establish Aspen Skiing Company),Darcey Brown (former teacher at Colorado Academy now residing in Moab, UT and member of the iconic Brown family), Bruce Cranmer (a Boulder resident and former C.U. Nordic Ski Coach), Alan Cranmer, Jeanie Cranmer Clark and Mark Clark.
The lawsuit alleges that claimant Kate McPhee, age 15, was raped on the campus of Denver prep school Colorado Academy (CA) by one of its teachers, John Kelly (a history teacher at CA) then serially raped over the course of 3 weeks in the summer of 1977 on a Grand Canyon River trip supervised by the other adults. McPhee alleges a pattern of grooming and sexual misconduct by persons in a position of trust. She claims that alcohol and illicit drugs were provided to her and another teenage girl by the adults on the river trip, then she was serially raped by Kelly with the knowledge and consent of the other adult chaperones. The matter was never reported to police by the adults and only recently investigated by Colorado Academy after McPhee answered an open letter by CA seeking other victims who were abused by another of its teachers.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at $500,000 or $1,000,000 depending on the knowledge of the organization, $424,000 or $1,195,000 against public entities.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” [end]
If you have information concerning any act of sex abuse of a minor by a ‘person in a position of trust’ in Colorado, please contact Denver trial lawyer James Avery at ph. 303-840-2222 or via the online contact form below.
Denver Trial Lawyer James AveryColorado’s Top Personal Injury Law Firm
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Douglas County District Court (Case No. 2020cv 31001, Div. 5) on behalf of Emily Stanton (a Colorado nurse) against William Fearing (a former community association racquetball program director and coach of youth leagues) and the local Douglas County community center.
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at a local Douglas County community center. Fearing was supervised, and the facility supervisor was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenol to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”
If you have any information concerning sex abuse against minors at any community athletic Ass’n or by a Coach, please contact James Avery at ph. 303-840-2222 or via the contact form below.
Emily Stanton, Sex Abuse SurvivorCoach Bill Fearing, convicted sex offenderDenver Trial Lawyer James Avery
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in in Arapahoe County District Court, Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David “Dave” James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”
If you have any information about sex abuse against minors at Aurora Public Schools, please contact James Avery at ph. 303-840-2222 or via the contact form below.
Angelica Saupe, sex abuse victimCoach Dave O’Neill, alleged sex offenderColorado’s Top Personal Injury Law FirmDenver Trial Lawyer James Avery
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed multiple civil causes of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors.
Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) against Cherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer (all former Smoky Hill High School counselors or teachers).
Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools’ Smoky Hill High School. Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct. Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint. Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” This is the fifth case filed by Avery under the new law. [end]
If you have any information about this case or sex abuse at Cherry Creek Schools, please contact Denver Injury Law LLC’s trial lawyer James Avery, ph. 303-840-2222 or fill out the contact form below and we will contact you.
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30042) on behalf of Brian Coursey (a former basketball player at Broomfield (CO) High School) againstBoulder Valley School District and Robert T. Osborne, Jr (a former Broomfield (CO) High School freshman basketball coach).
Plaintiff Brian Coursey, age 47, claims that he was sexually abused as a minor (ages 14-15) for years (1989-90) by Defendant Robert T. Osborne, Jr., age 40, a person in a position of trust as his freshman basketball coach, at Boulder Valley School’s Broomfield High School. Osborne, an adult, was not reported and not charged at the time of the offense. Coursey complained to law enforcement in 1993 and Osborne was found guilty of charges related to sexual assault on a child and sentenced to jail. Coursey has never been contacted by Boulder Valley School District, although he believes the School District was contacted by the Boulder Sheriff Office at the time of his complaint.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” This is Avery’s fourth case filing under the new law.
Brian Coursey, sex assault victim Freshman Broomfield High Freshman Basketball Coach Osborne, convicted sex offender
If you have any information about this case, or other cases of sex abuse against minors, contact lawyer James Avery Denver Injury Law LLC now.
Denver Injury Law LLC-Boulder Office, 4450 Arapahoe Ave., Boulder, CO 80303. Ph. 303-840-2222.
