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Boulder Marshall Fire Class Action Lawsuit Filed Against Xcel Energy by Denver Injury Law LLC-Largest Negligence Damages Case in Colorado History

Posted on by jwavery

Lead Attorney James Avery Comments on the Boulder Sheriff Cause Analysis in reference to the class action lawsuit filed on behalf of his clients.
CBS 4 News re Marshall Fire Investigation Results Blaming Xcel Energy-Lead Attorney James Avery comments. Boulder Marshall Fire Hotline: (720) 924-4476

See CBS 4 News Story about Boulder Sheriff Cause Analysis here: https://www.cbsnews.com/colorado/news/marshall-fire-xcel-energy-wildfire-lawsuit-civil-trial-responsibility-cause-announced-boulder-county/

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.

Download a Class Action Fee Contract (to Join)

Marshall-Fire-Retainer-New-Jun23Download

Class Action Victim Compensation Hotline-Call: (720)924-4476

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).

June 8, 2023: BOULDER SHERIFF OFFICE releases its investigation of the cause of the Marshall Fire, and can ‘confidently’ and ‘definitively’ state that one of the ignition sources was an Xcel Energy power line that had come loose and cause sparking and molten hot metal to drop into the dry grass in the vicinity of the Boulder Open Space Trailhead. A second ignition source was believed to be wind uncovered embers from a burn pile on the 12 Tribes property, although the Sheriff believed that fire was handled responsibly and legally.

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:

Order Denying Motion to Dismiss.

Order-re-PSC-MTDDownload

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:

Other stories:

Breaking news on Class Action lawsuit against Xcel Energy.
Xcel Wood Chip Dump Inferno
The Denver Post, Apr. 1, 2022

Denver Top Trial Lawyer James Avery

@bouldermarshallwildfire

2022-03-31-14-47-57-Xcel-Class-Complaint-filing-copyDownload
Boulder-County-CGIA- NoticeDownload

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:

  1. Where the judge has a financial interest in the case’s outcome.
  2. 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.

The Supreme Court addressed recusal in the 2009 case Caperton v. A. T. Massey Coal Co. (08-22). 

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.

Order-Bench-RecusalDownload

Boulder Marshall Wildfire Cost Now reaches $2 Billion

Posted on by jwavery

Previous estimate was $500 million.

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.

    Trial lawyer James W Avery selected to America’s Top 100 High Stakes Litigators

    Posted on by jwavery

    AMERICA’S TOP 100 HIGH STAKES LITIGATORS®

    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.

    High Stakes Litigator James W Avery

    James W Avery Bio

    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.

    Marshall Fire Lawsuit Update-Consolidation Order

    Posted on by jwavery

    Boulder, Colorado. Sep. 6, 2023-District Judge Zanisek orders all pending Marshall fire cases to be consolidated (for pretrial purposes) into the first filed Marshall fire case Kupfner v. Xcel Energy and Public Service Company Case (Case No. 2022cv30195) filed by Denver Injury Law LLC d/b/a Avery Law Firm trial lawyer James Avery.

    A copy of the Order:

    Order-of-ConsolidationDownload

      If you or a loved one has suffered injury (smoke inhalation, evacuation order, emotional distress, property damage or losses, loss of income or value of time, landscaping losses, uncompensated or underinsured losses, etc.), contact the lawyers at Denver Injury Law, LLC today, by calling 720-924-4476 (Marshall Fire hotline) or completing the confidential client contact form above.

      Child sex abuse law defended before Colorado Supreme Court

      Posted on by jwavery

      Denver Trial Lawyer James Avery represented victim Angelica Saupe f/k/a Angelica Synovic in her case against former Rangeview High School Girls Basketball Coach David James O’Neill Jr. and Aurora Public Schools. The Supreme Court will determine the constitutionality of the SB021-088 (the Child Sex Abuse Accountability Act).

      Update: June 20, 2023.

      The Colorado Supreme Court held the CSAAA to be unconstitutional as to all claims that were time barred before the enactment of the Act (Jan 1, 2022). The law was not struck down in its entirety and still provides a new statutory remedy against perpetrators and managing organizations that did not exist before the Act, for those claims that were not time barred as of Jan 1, 2022. The provisions of the law waiving government immunity also stand (was not decided), as do the limits on damages for claims under the Act.

      Colorado Supreme Court

      A

      A decision is expected before July 1, 2023. Victims of child sexual abuse have a three year window to bring their claims dating back to 1960 against perpetrators and ‘managing organizations’ who were responsible for the children’s safety and welfare where the abuse occurred. Victims can claim up to $1 million damages under the Act and have until January 1, 2025 to file their claim. Contact Denver Injury Law, LLC now to learn if you qualify to bring a claim. Phone 303-840-2222.

        Martindale Award for 40 Years in Practice
        Denver Lawyer James Avery receives top honor.
        5280 Magazine

        Marshall Fire Facilitated Learning Analysis Release

        Posted on by jwavery
        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.

        Click here to access the web-version of the Marshal Fire Facilitated Learning Analysis


        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.

          Breaking News: Child Sex Abuse Accountability Act Held Constitutional

          Posted on by jwavery

          Avery Law Firm secures ruling that the newly enacted Colorado Child Sex Abuse Accountability Act, SB21-88, is constitutional.

          For Immediate Release

          September 22, 2022

          Contact:  James Avery, Denver Injury Law, LLC, Denver, CO, ph. 303-840-2222, email: averylawfirm@gmail.com

          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.

            Latest Update:

            4/4/23

            The Colorado Supreme Court today heard oral arguments on the constitutionality of SB021-088, the Child Sex Abuse Accountability Act. Denver Injury Law principal James Avery represented the victim, Angelica Saupe, against David James O’Neill Jr and Aurora Public Schools. Here is the story:

            https://kdvr.com/news/local/sex-abuse-law-challenged-before-colorado-supreme-court/

            Denver Injury Law LLC and Schack Law Group break new information about Marshall Fire Effecting Superior, Louisville and Lafayette Burning

            Posted on by jwavery

            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.

            REPLAY BOULDER TOWN HALL MEET: BOULDER TOWN HALL 4/9/22

            OVERLAY-W-XCEL-AND-SPARK-CONFIDENTIALDownload
            Public Service Company Xcel Property near Superior, CO
            Boulder County Assessor Property Information
            Aerial photo of Public Service Company Xcel Property before fire
            Overlay of Property near Superior, CO

            Denver Injury Law LLC and Schack Law Group have released a press statement about the new information:

            Press-Release-Boulder-Town-Hall-4922-1Download

            DENVER INJURY LAW files 5 lawsuits under new Child Sex Abuse Accountability Act

            Posted on by jwavery

            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.

            Order-Denying-Defendant-Cherry-Creek-School-Districts-Motion-to-Dismiss-Plaintiffs-Complaint-Pursuant-to-CRCP-12b5Download

            Click links for case filings.

            PRESS RELEASE-for immediate publication

            January 28, 2022

            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

            Contact:  James W Avery, Denver Trial Lawyer 

            DENVER INJURY LAW, LLC

            201 Columbine St., Ste. 150 #6888

            Denver, CO 80206

            Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)

            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).

            1. 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]

            See full story here: https://denverinjurylaw.co/blog-2/

            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 Avery
            Colorado’s Top Personal Injury Law Firm

            Stanton v Fearing et al.: New case filing under Child Sex Abuse Accountability Act

            Posted on by jwavery

            DENVER INJURY LAW, LLC

            201 Columbine St., Ste. 150 #6888

            Denver, CO 80206

            Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)

            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 Survivor
            Coach Bill Fearing, convicted sex offender
            Denver Trial Lawyer James Avery

            Saupe v Aurora Public Schools, Coach Dave O’Neill: New case filing under Child Sex Abuse Accountability Act

            Posted on by jwavery

            DENVER INJURY LAW, LLC

            201 Columbine St., Ste. 150 #6888

            Denver, CO 80206

            Ph. 303-840-2222 (M-F, 9a-6p). 720-507-8773 (after hours)

            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.”

            2022-01-13-22-40-17-Saupe-Complaint-filing-copyDownload

            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 victim
            Coach Dave O’Neill, alleged sex offender
            Colorado’s Top Personal Injury Law Firm
            Denver Trial Lawyer James Avery