When Stephen Wenzel called his very pregnant wife in December 2021 to warn her about the oncoming wildfire that would later be known as the Marshall fire, she was sound asleep and oblivious to the danger.

“When I got up and looked out the window, my neighborhood was on fire,” said Savannah Wenzel, 29.

A bout of COVID-19 had kept her from smelling the gray-and-black cloud, which had swallowed the backyard of their rental home in Louisville’s Sagamore subdivision.

Off balance from her swollen belly, Wenzel grabbed her husband’s briefcase and the dog and, in her panic, fell all the way to the car.

The Wenzels lost their rental home and most of their possessions, but they gained a daughter.

This week, they will join the ranks of other Marshall fire survivors who have sued Xcel Energy, alleging the power company is responsible for their financial losses, emotional distress and punitive damages.

Claire was born early – nine days after the most destructive fire in Colorado history – and still has health-related problems, which, according to her parents, may be related to her mother’s smoke inhalation and stress-related high blood pressure.

“We’ve encountered struggle after struggle. It’s been very difficult emotionally. I’ve had health issues that are likely related. It’s been really rough,” said Savannah Wenzel.

The Dec. 30, 2021 Marshall fire burned 6,080 acres and claimed two lives. Thirty-five thousand people were evacuated and thousands of animals, including pets, died. There was a high wind warning that day, with wind gusts reaching more than 100 mph in Boulder County. 

After 18 months of investigation, Boulder County Sheriff Curtis Johnson announced June 8 that the fire was caused by two distinct ignitions: One sparked by an unmoored Xcel Energy power line and another from embers of a week-old trash fire at the nearby Twelve Tribes property. Twelve Tribes is a religious group, whose members live in a community setting at 5325 Eldorado Springs Drive.

Johnson said that though the two fires were not related, they eventually merged to create a mega fire.

The Twelve Tribes fire started at 11 a.m. and smoke from an Xcel Energy power line near the Marshall Mesa Trailhead was first noticed at noon.

“It was swinging like a jump rope,” said Boulder District Attorney Michael Dougherty. 

Now that Xcel Energy and Twelve Tribes have been cleared of criminal charges, attorneys are trying to round up beleaguered Marshall Fire victims to go after civil claims. At least three law firms are holding informational meetings, advertising on social media and sending mailers to bring in clients for class-action lawsuits.

Two of those firms are based in California and have extensive experience litigating for wildfire victims in civil court.

The table is set for what will likely balloon to thousands of claims which, if Xcel is found at fault, could cost the power company billions of dollars in payouts, according to attorneys.

Xcel did not respond to a request for a comment on the lawsuits, but the company strongly objected to the findings of the government’s investigation, contending in a statement that it didn’t have a chance to review what the company called the sheriff office’s “flawed” analysis.

In a June 8 statement, spokesman Tyler Bryant said, “We strongly disagree with any suggestion that Xcel Energy’s power lines caused the second ignition. We operate and maintain our electric system consistent with leading energy service practices.”

On June 8, less than an hour after Dougherty announced that he wouldn’t be filing criminal charges in the Marshall fire, the first complaints were filed in civil court.

The first claim was entered by Spreter-Petiprin, a California firm that specializes in wildfire litigation and which counts the Wenzels among its almost 80 clients.

“We have been watching the Marshall fire case from right after it happened,” said wildfire litigator Ben Petiprin.

Petiprin’s firm will not sue the Twelve Tribes organization, he said.

“Xcel is responsible for the entire fire. They have deep pockets,” Petiprin said. 

The Twelve Tribes has an insurance policy, he said, “but they don’t have the kind of money that will make our clients whole from the fire.”

Spreter-Petiprin has done most of its wildfire work in California since 2008 and it had been on the front lines for the 2017-2018 fires. But Petiprin said that it has local counsel taking care of the business of filing in Boulder County Court.

The firm is no stranger to wildfire litigation. It was involved in lawsuits against the California power company Pacific Gas & Electric, which filed for bankruptcy protection in January of 2019 when it faced potentially ruinous lawsuits over California’s 2017 and 2018  wildfires.

Fire investigators found that PG&E was responsible for creating numerous wildfires in Northern California because of poor vegetation management during a dry, crackly summer and trees coming into contact with power lines.

The Chapter 11 filing allowed PG&E to continue operating while it put its books in order. Today, PG&E turns off power when the fire risk is high. 

None of this information is new to Marshall fire-watching attorneys. So far, two civil practice law firms are involved in litigation a year-and-a-half after the wildfire tore through Louisville, Superior and unincorporated Boulder County. Another will join this week.

Edelson PC held a Zoom meeting Tuesday night to answer potential Marshall fire clients’ questions. A handful of curious victims wanted to know about the statute of limitations (two years from the start of the fire), how claims are pursued (it’s a long process of litigation, document collection and depositions), and whether claims can be filed now (yes).

“This litigation is happening,” said Eve-Lynn Rapp, who heads up Boulder’s Edelson’s office.

Just two weeks ago, an Oregon jury awarded over $73 million to 17 homeowners who accused the power company PacifiCorp of negligence for not shutting down power lines during destructive wildfires that started over Labor Day weekend in 2020 during hard-driving windstorms. 

Edelson was one of the law firms that represented victims in that class action lawsuit.

The Oregon wildfires were different, Rapp said, in that law enforcement never identified an official cause for them. In comparison, the Marshall fire was investigated thoroughly and an official report was produced, he noted. 

“The report indicates that Xcel was the cause of one of the fires. There’s already a report that says this is the most probable cause of the fire,” Rapp said. “That puts the victims at the 50 yard line.”

The definition of a victim throws a wide net.

“It includes anyone who suffered any kind of actual out of pocket loss – whether full loss of home or just fire-related damage,” Rapp told The Denver Gazette.

She said that dozens of Marshall fire survivors have contacted the firm, including evacuees who have potential claims for emotional distress. Also eligible to join the potential lawsuits are businesses that weren’t destroyed but had to temporarily close due to the fire.

In March 2022, George and Lisa Kupfner, owners of Boulder’s Eldorado Liquor, became what is believed to be the first business to sue Xcel for “faulty power lines,” which they claim led to the Marshall fire.

The lawsuit contends that the Marshall fire caused smoke damage to the property, seeks repayment of evacuation costs and for the loss of wages and goodwill in the community for a fire that “terrorized” the community. The case has yet to go to trial.

Petiprin said the kinds of claims “run the gamut” from people who have lost homes, cars, pets and photo albums.

“It’s crazy how a fire can hit a street and jump houses. Survivors on the street feel trauma and guilt. A lot of people need counseling. We help them get health insurance. We know a local group who will give 10 free counseling sessions,” he said.

The Wenzels’ insurance money did not cover their losses, and Savannah wonders how to put a value on lost family heirlooms, such as the baptismal gown she wore as a child, which her mother mailed in anticipation of Claire’s birth. Or the leather boot straps from Stephen Wenzel’s days with Texas A&M’s Corp of Cadets, and, sadly, memories of her brother, who died of brain cancer at the age of 21.

Colorado is no longer home for the Wenzels. They’ve started a new life in Austin, Texas.

“For us, it’s more about feeling like we have some sort of closure to something and holding people accountable,” Savannah Wenzel said. “We did lose a lot that day. For my husband and I, nothing will ever be the same. It changed the course of our lives.”

Reporter Scott Weiser contributed to this article.