$31.8 Million Verdict for Family of Woman Killed in 2018 Heather Gardens Gas Explosion

On November 16, 2018, construction crews working on a fiber optic cable installation project near the Heather Gardens retirement community in Aurora struck an underground gas line. The ruptured line fed natural gas into the building. Carol Ross, 82, was told to return to her unit and shelter in place while emergency responders assessed the situation. Roughly 80 minutes after Aurora Fire was first called, the gas ignited. The explosion killed Carol Ross and injured several other residents, including Sandra Staley, Paul Staley, Ronald Achenbach, Gloria Achenbach, and Judy DeTar.

The case, filed as Estate of Carol Ross et al. v. Xcel Energy (Denver District Court, Case No. 2020 CV 33286), went to trial in February 2023 before Judge Stephanie Scoville. Multiple parties had already settled before trial, including Comcast and several contractors. Xcel Energy remained as the sole defendant.

Burg Simpson attorneys Michael Burg, Holly Kammerer, Shane Fulton, and Jessica Prochaska presented evidence that Xcel had repeatedly failed to enforce its own pipeline protection procedures. In the weeks before the explosion, excavators had struck Xcel gas lines on at least three separate occasions in the area. Each time, Xcel declined to issue warning letters, levy fines, or order construction to stop. Plaintiffs argued that pattern of inaction left the gas infrastructure and the people living near it exposed to a foreseeable and preventable risk.

The jury deliberated for two days before returning a gross verdict of $31,800,000 across all plaintiffs. The wrongful death award to Carol Ross's heirs alone totaled $15,000,000. Judy DeTar received $1,825,000 for her personal injuries. The jury allocated fault across seven parties: Bohrenworks, the subcontractor that struck the line, bore the largest share at 26%; Aurora Fire Rescue was assigned 18%; Comcast and Integrated Communication Services each received 14%; Underground Communications was assigned 9%; Heather Gardens Association was assigned 7%; and Xcel Energy was assigned 12%, the fifth-highest share among defendants. Under Colorado's proportionate liability rules, Xcel's share of the gross verdict amounted to roughly $3.8 million, and the jury did not award punitive damages. After trial, the district court reduced the wrongful death heirs' noneconomic damages to $436,070 under Colorado's Wrongful Death Act cap, having ruled that the statute's felonious killing exception did not lift the cap for a corporate defendant. In a March 2025 decision of first impression (Ross v. Public Service Company of Colorado, 2025 COA 31), the Colorado Court of Appeals reversed in part, holding that the felonious killing exception can apply to corporations and that the trial court erred in the order it used to apply the cap, and remanded the case.

Law Week Colorado recognized the result among the top verdicts in Colorado for 2023.