Nearly 250 residents, property owners and businesses harmed by the Marshall fire sued Xcel Energy this week seeking “just compensation and compensatory damages” after the public utility was blamed by investigators for helping start the disastrous wildfire.
The lawsuit, filed in Boulder County District Court on Monday, follows several other lawsuits already brought against Xcel over the Marshall fire, including one filed by more than 150 insurance companies in an attempt to reclaim money paid in settlements to the wildfire’s victims.
Monday’s complaint and the insurance companies’ lawsuit come after the Boulder County sheriff and district attorney named the utility as one of two entities responsible for the deadly Dec. 30, 2021, wildfire, which killed two people and caused more than $2 billion in property damage.
The 246 plaintiffs named in the new lawsuit suffered a variety of losses, according to the filing, including property and personal damages, as well as loss of wages and expenses incurred related to debris removal, soil erosion and water contamination because of the fire. The complaint also cites “emotional trauma” suffered by the victims.
“Plaintiffs allege the Marshall fire was caused by negligent and improper maintenance, inspection, ownership and operation of the electrical equipment owned, operated and maintained by Xcel Energy,” the lawsuit states. “Even though Xcel Energy knew that its electrical equipment was old and again, unsafe, and/or vulnerable to weather and environmental conditions, it failed to conform to industry standards and accepted best practices to ensure the safety of persons and property.”
The complaint states that the National Weather Service issued warnings about high winds, up to 90 mph the day of the fire, and that Xcel “failed to take preventative measures in the face of known high-risk weather conditions and did not de-energize its electrical equipment prior to the onset of the windstorm.”
The Marshall fire is the most costly fire in Colorado history. Two people — Robert Sharpe, 69, and Nadine Turnbull, 91 — died and the fire destroyed more than 1,000 homes and businesses in Superior, Louisville and unincorporated Boulder County.
When asked about the new lawsuit Wednesday, an Xcel representative sent The Denver Post the statement the company released last month after Boulder County officials issued their investigative report.
In that statement, Xcel noted the first ignition identified by investigators — a week-old debris fire on property owned by the Twelve Tribes cult — and said, “We strongly disagree with any suggestion that Xcel Energy’s powerlines caused the second ignition.” Furthermore, the utility said, “We believe the second fire burned into an area already burned by the fire from the first ignition, and did not cause damage to any homes or businesses.”
The lawsuit cites the “Xcel Energy Ignition,” south of Colorado Highway 170 near the Marshall Mesa Trailhead, as an area of origin in the fire. It also cites the “Twelve Tribes Ignition,” north of Highway 170 at the group’s compound, 5325 Eldorado Springs Drive. Neither the Twelve Tribes nor its members are named as defendants in the lawsuit.
“Unlike the fire from the Twelve Tribes Ignition, the Xcel Energy Ignition resulted in a rapidly spreading fire,” the lawsuit alleges.
Among other claims for relief, “plaintiffs seek the reasonable cost of repair or restoration of the property to its original condition and/or loss-of-use damages to the extent allowable under Colorado law.”
Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter.
