Just ahead of the two-year mark since the Marshall fire, the family of Nadine Turnbull has filed a wrongful death lawsuit against Xcel Energy.

Turnbull, 91, lived in Superior and was one of the two people killed in the Dec. 30, 2021 fire. More than 1,100 homes and businesses were also destroyed. 

The lawsuit comes before the two-year statute of limitations to file a civil lawsuit against Xcel because of the Marshall fire expires.

“The loss of their grandmother is a great tragedy,” said James Avery, the attorney of the Turnbull family. “It is something that can’t be compensated for but it is something that there should be accountability for.”

Avery is representing the Turnbull family and more than 150 other clients suing Xcel Energy.

On Wednesday, Xcel Energy maintained its powerlines weren’t the cause of the fire. In June 2023, a report by the Boulder County District Attorney’s Office and Boulder County Sheriff’s Office said there were two fires that later combined. According to the report, the first was a planned burn on the Twelve Tribes property off Highway 93 near Marshall Road six days earlier, and strong winds picked it up. The second ignition point, the report said, likely came from a hanging Xcel Energy powerline just south of the Twelve Tribes location.

“Bottom line is if you didn’t have 65,000 volt power lines on the ground or touching and dropping molten metal on the ground you probably wouldn’t have this fire to begin with,” Avery said.

Xcel’s corporate headquarters in Minneapolis was also added to an existing lawsuit against Xcel.

“Our investigation shows there was a synergy, interaction between the main company which is based in Minnesota and the Colorado entities. So ultimately the jury is going to have to decide who bears responsibility but we believe they were acting as one entity,” Avery said.

Attorneys have said usually people can’t sue their insurance company once it’s been more than two years after a fire. More than 400 families still don’t have a permit to rebuild a home or business.

Avery expects the court will decide on a trial date in January, but he said an actual trial may not happen until 2025.

An Xcel spokesperson sent a statement after being asked about the family’s lawsuit.

“Our thoughts are with the family grieving such a deeply personal loss related to the Marshall Fire. Xcel Energy maintains the cause of this tragic event was not related to its powerlines. The official investigative report filed by the Boulder County Sheriff’s Office determined that the Marshall Fire started as a result of ignition on a property (5325 Eldorado Springs Drive), reportedly affiliated with an entity called the Twelve Tribes. We will continue to support our Boulder neighbors throughout the recovery.”

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