Blog

Coursey v Boulder Valley Schools: 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 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.

Complaint-BOULDER-filing-copyDownload

McPhee v Kelly: New case filing against Colorado Academy Teacher under Child Sex Abuse Accountability Act

Posted on by jwavery

Case No. 2022cv30000

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 trial lawyer James Avery has filed the first civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1201) governing Sexual Misconduct Against Minors in Boulder County District Court (Case No. 22cv 30000, Div. 2) 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 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.   

If you have any information concerning sex abuse of minors at Colorado Academy, please contact James Avery at ph. 303-840-2222 for via the contact form below.

Katie McPhee, sex abuse victim
2022CV30000_7_2022-01-01_Complaint_w_Jury_Demand_6470371996857142317Download

DENVER INJURY LAW LLC

Denver Injury Law LLC is nationally recognized as a Top law firm by Newsweek, Denver 5280 and many other legal trade organizations.

Get in Touch

Contact Us
(303)-840-2222
Email Us

Who We Are

About
Terms of

Service
Privacy Policy

Follow Us

Facebook
Twitter
Instagram

Denver Trial Lawyer James Avery

Jan 12, 2022: For immediate release: AVERY LAW FIRM-Boulder, is investigating Boulder County Marshall wildfire class action-insurance bad faith, accepting new clients. All cases handled on contingency fee basis: no recovery, no fee.

Posted on by jwavery
Denver Trial Lawyer James Avery
America’s Top 100 High Stakes Litigator

Colorado’s Top Injury Lawyer James Avery is investigating the cause of 2021 Boulder wildfires on behalf of clients whose homes were lost. Boulder office. To join in the action, contact Us now: Ph. 303-840-2222 or complete the confidential contact form below and we will contact you back:

Avery Law Firm, 4450 Arapahoe Ave., Ste. 100, Boulder, Colorado 80303. Ph. 303-840-2222. Email: averylawfirm@gmail.com.

Denver Injury Law LLC files first of many cases under new Child Sex Abuse Accountability Act

Posted on by jwavery
Woman uses new Colorado law to sue over alleged sex assault in 1977

January 1, 2022

Case No 2022cv30000 Boulder District Court, Colorado

The Denver Post refrained from publishing the names of defendants, who are identified in the Press Release. The primary actor was John Kelly an Aspen, Colorado photographer and former Colorado Academy history teacher.

Denver Injury Law LLC has filed multiple new cases under the Act. In Arapahoe County, Saupe v. Aurora Public Schools, Case No. 22cv30065, and in Douglas County, Stanton v. Highlands Ranch Community Association, Case No. 20cv31001. These cases have garnered network news coverage featuring Denver’s Top Trial Lawyer James Avery.

See 9News story about two cases mentioned above here: https://www.9news.com/article/news/local/sexual-misconduct-lawsuits/73-8333da6e-62ec-4dee-aa7a-da35d5d1a339.

Stanton v Highlands Ranch Community Center coverage:

Coloradans sexually abused as children can now sue
Story by Deborah Takahara Channel Fox31 News
Emily Stanton stating her claim.
Denver’s Top Trial Lawyer James Avery advocating for victims of sex abuse as minors.
HRCA Racquetball Coach William Fearing-Perpetrator in Stanton v Highlands Ranch Community Assn

Rangeview Girl’s Coach Dave O’Neill-Perpetrator in Saupe v Aurora Public Schools

Denver trial lawyer James Avery is a pioneer in the field of personal injury with 40 years experience in handling sex abuse cases. Call now for a free consultation (303-840-2222) or complete the following confidential contact form and we will contact you,

James Avery Top 100 American Attorney

If you have any information about any of these cases, please contact James Avery ph. 303-840-2222. All communications will be handled confidentially.

HIPAA Violations at UC Health CoS

Posted on by jwavery

Denver mass tort-hospital liability lawyer James Avery has been retained to investigate the breach of security and #HIPAA violations effecting a large number of #employees and #patients at #UCHealth Memorial Hospital Central in #ColoradoSprings. Contact James Avery for further information. Call now: 303-840-2222 or complete the contact form below.

HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.

OCR only may take action on complaints if:

  • Your rights were violated by a covered entity or business associate
  • You file your complaint within 180 days of the violation

These statutory remedies, however, are not available to private citizens, whose sole remedy is under state law (using HIPAA regulations as a standard). State remedies must be pursued starting with a notice of claim within 182 days of the date of discovery.

Don’t delay, failure to meet the time deadlines can bar your claim. Talk to an experienced attorney today.

For more information click here: UC HEALTH HIPAA INVESTIGATION PUBLIC DOCS

Colorado Candor Act

Posted on by jwavery

The 2019 Colorado Candor Act, C.R.S. 25-51-101, creates a mechanism for the possible resolution of medical malpractice claims which allows the physician or other provider (including service corporations and hospitals) to avoid reporting the claim to the Medical Board. Since the Medical Board is statutorily obligated to review all medical malpractice settlements for possible disciplinary action, the Act seeks to create a mechanism for resolving claims in a ‘risk free’ manner for physicians/providers.

There are some key components to the Candor Act that patients should be aware of. First, the decision to utilize or invoke the procedures of the Act are unilateral, in the sole discretion of the physician or provider, not in response to a demand or claim initiated by the patient. The patient will receive a written notice from the physician or provider, within 180 days of the date of the date they acquired knowledge of the ‘adverse incident’ or injury resulting occurrence.

If you receive a notice from a physician or provider, it will state that you have a right to have an attorney represent you. The benefits of an attorney are the same as if you were involved in a medical malpractice case. The experienced attorney will be able to ascertain the true value of your injury and advise you or the relative merits of accepting the provider’s offer (if one is conveyed during the process) versus pursuing other actions like complaints to the medical board or filing a claim or lawsuit.

Denver’s “America’s Top 100 High Stakes Litigator” James Avery has over 35 years representing patients in medical malpractice settlements and litigation, and can represent you in your Candor Act discussions or subsequent lawsuit, if necessary. If you or a loved one is facing the need to respond to a Candor Act notice, contact James Avery as soon as possible to know your rights and the value of your injury claim. Call 303-840-2222 now or complete the confidential contact form below.

Error: Contact form not found.

2022 “SuperLawyer” Status Awarded To Denver Trial Attorney James Avery.

Posted on by jwavery

DENVER Trial Lawyer James AVERY has again been awarded the prestigous Superlawyers for 2022 in the field of Personal Injury:Plaintiffs. This marks the 14th year the organization has recognized AVERY as among the top lawyers in the State. Only one percent of lawyers earn the award, which is selected as a result of polling and editorial discretion.

Denver Trial Lawyer James Avery

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.