Posted on 11/27/2022 1:54:46 PM PST by george76
Xcel Energy had filed motion to dismiss case arguing its equipment failures caused most destructive fire in state history..
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.
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.
So instead it is better for the 1000 or so families whose homes and businesses burned to suffer a complete loss than it is for all of those in the area to pay a little more for power in order to pay something (it is never enough) to the people who lost everything.
The democrat party should be sued as they and the lilliputian army are the ones blocking tree and brush clearing.
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