The Denver Post

Family of 82- year- old killed in care facility blast accuses companies of negligence in a lawsuit

- By Sam Tabachnik Sam Tabachnik: stabachnik @ denverpost. com or @ sam_ tabachnik

The family of an 82- year old woman killed in a gas explosion two years ago at an Aurora senior living community alleges in a lawsuit that Comcast, Xcel Energy and their subcontrac­tors acted “negligentl­y and recklessly” as they drilled into the ground to lay fiber- optic cables.

The complaint was filed Sept. 25 in Denver District Court by the children of Carol Ross, the woman killed in the November 2018 explosion, as well five other residents of the Heather Gardens retirement community injured or financiall­y impacted by the blast.

No charges were filed against Comcast or its contractor­s, ICS Communicat­ions and Bohrenwork­s, after a yearlong investigat­ion. Aurora Fire Rescue’s investigat­ion, however, found that contractor­s struck a gas line Nov. 16, 2018, while boring undergroun­d at the senior community. Investigat­ors last year deemed the incident “an unintentio­nal human act or omission.”

But Ross’ family and the other residents allege in the suit that the fact that workers had previously struck gas lines while digging through the senior community in the weeks leading up to the explosion showed that this was a pattern of negligence.

“From the outset, Comcast and its excavation contractor­s negligentl­y and recklessly performed the excavation and drilling work without regard to safety, resulting in numerous utility line strikes,” the complaint says.

Comcast, in a statement, offered its “deepest sympathy” to the Ross family, adding that the company has been “working with the Heather Gardens community to provide support, and we will continue to do so.” Xcel Energy, in a statement, said it could not comment on specifics of the lawsuit, but said “a natural gas line was hit by a third party digging in the area without the locates ( sic) required by state law. The

Colorado Public Utilities Commission investigat­ed the incident and our overall response. They did not find any Xcel Energy violations.”

The Ross children and the other residents — Sandra and Paul Staley, Ronald and Gloria Achenbach, and Judy De Tar — also sued the Heather Gardens Associatio­n over its selection and oversight of the contractor­s tasked with completing the project. They are seeking unspecifie­d economic and noneconomi­c damages. The explosion injured three people, including one firefighte­r.

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