Stanton v Highlands Ranch Community Ass’n, Coach William Fearing: New case filing under Child Sex Abuse Accountability Act

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 Highlands Ranch Community AssociationMatt 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.

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 Highlands Ranch Community Ass’n or by Coach William Fearing, 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

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.”

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

Norris v. Cherry Creek Schools: New case filing under Child Sex Abuse Accountability Act

Smoky Hill High School in Cherry Creek School District, Colorado

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, 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.

Coursey v Boulder Valley Schools: New case filing under Child Sex Abuse Accountability Act

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.

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.

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

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:

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

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

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.

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

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