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.
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)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:
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.
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 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.
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.