Lawsuit alleges sparks from Xcel Energy powerlines started Marshall Fire

BOULDER, Colo. (AP) -- The first lawsuit filed in connection with the Marshall Fire that destroyed over 1,000 homes and other buildings in Boulder County claims that sparks from a powerline started December’s blaze.

The lawsuit was filed against Xcel Energy Thursday. Court documents obtained by 9News list the plaintiffs as two businesses, Eldorado Enterprises, Inc. and Eldorado Liquor, Inc., and John and Jane Doe. The lawsuit says the plaintiffs filed it on behalf of Coloradans who experienced property damage or suffered financial loss because of the fire.

It says that its powerlines and equipment were a “substantial factor” in the cause and continuation of the wildfire.

Before the fire, the lawsuit contends a witness videotaped sparks flying from a malfunctioning powerline near the Shell gas station at 1805 S. Foothills Highway and igniting a fire on the ground.

The Boulder County Sheriff's Office said it will take several more months to investigate the cause and origin of the fire on Thursday. Still, the lawsuit, identifies the role of Xcel equipment in past fires, including the Cabin Creek Fire in 2007 that killed five employees and injured three others.

In January, Boulder County officials said the fire destroyed more than 1,800 residential structures. One person died in the fire and another person is still unaccounted for.

Minneapolis-based Xcel says it is reviewing the lawsuit but that it hasn’t seen any evidence that its equipment started the fire.

According to 9News, the lawsuit seeks monetary compensation for several reasons including emotional distress and medical care.