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.
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.
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 PracticeDenver Lawyer James Avery receives top honor.5280 Magazine
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.
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.
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:
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.
Denver Trial Lawyer James AveryAmerica’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:
