Boulder judge allows lawsuit blaming Xcel Energy for Marshall fire to move forward |

Boulder judge allows lawsuit blaming Xcel Energy for Marshall fire to move forward

Xcel Energy had filed motion to dismiss case arguing its equipment failures caused most destructive fire in state history

Aldo Svaldi
The Denver Post
A home burns on South Boulder Road as the Marshall Fire sweeps through Boulder County on December 30, 2021 in Boulder. A Boulder court will allow a case alleging faulty Xcel Energy equipment was behind the Marshall fire to move forward. Xcel had filed a motion to dismiss the class action lawsuit that argued it contributed to the fire that destroyed more than 1,000 homes and businesses.
RJ Sangosti/The Denver Post

Boulder District Judge Christopher Zenisek has rejected a motion by Xcel Energy to dismiss a class action lawsuit that blamed the state’s largest utility for causing or contributing to the hugely destructive Marshall fire on Dec. 30.

Attorney James Avery with Denver Injury Law LLC in Boulder and the Schack Law Group in San Diego filed the case, Kupfner vs. Xcel Energy, in late March, on behalf of lead plaintiffs George and Lisa Kupfner, owners of Eldorado Liquor. The lawsuit alleges that Xcel Energy equipment “substantially caused or contributed to the cause, origin and continuation” of the fire, which burnt more than 6,000 acres and destroyed more than 1,000 homes and businesses in Superior, Louisville, Lafayette and unincorporated Boulder County.

Xcel Energy sought to have the lawsuit dismissed on grounds that it was unfounded and that it was not negligent in the upkeep of its equipment. But on Nov. 22, Zenisek denied the motion, allowing the lawsuit to move forward.

“This order clears the way for Xcel Energy to potentially be held accountable for the $2 billion in losses suffered by thousands of citizens impacted by the Boulder Marshall fire,” Avery said in a release.

A definitive cause of the fire, which was fueled by winds topping 100 miles an hour, remains undetermined. A video taken the morning of Dec. 30 shows Xcel equipment arcing or releasing sparks near where authorities believe the fire started. But a smoldering underground coal fire in the area and human activity are also under investigation.


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