King v. U.S., 97-B-341.
| Decision Date | 28 May 1999 |
| Docket Number | No. 97-B-341.,97-B-341. |
| Citation | 53 F.Supp.2d 1056 |
| Parties | Jerry KING, Gail King, Curt Rogers, Aimee King-Rogers, David McGuire and Jennifer McGuire, Plaintiffs, v. UNITED STATES of America; Community Involved Chartered School; Jefferson County School District R-1; Wayne Emmett McKillop; Nathan Soares; Eli Messer; Loney Martinez; Troy Glandon; Dustin Lacey; Jane Roe 1; Jane Roe 2; and Jane Roe 3, Defendants. Scottsdale Insurance Co., as Subrogee of Linda Farris, Plaintiffs in Intervention, v. Wayne Emmett McKillop; Nathan Soares; Eli Messer; Loney Martinez; Troy Glandon; Dustin Lacey, by and through their respective parents and/or guardians, Defendants. Colorado Casualty Insurance Company, as Subrogee of Barbara McCabe; and Barbara McCabe, Plaintiffs in Intervention, v. Community Involved Chartered School; Jefferson County School District R-1; Wayne Emmett McKillop; Nathan Soares; Eli Messer; Loney Martinez; Troy Glandon; Dustin Lacey; Jane Roe 1; Jane Roe 2; and Jane Roe 3, Defendants. |
| Court | U.S. District Court — District of Colorado |
Eugene Deikman, Eugene Deikman, P.C., Denver, CO, James R. Florey, Jr., Englewood, CO, Scott A. McGath, William D. Thode, Van Voorhis, McGath & Overturf, P.C., Denver, CO, for plaintiffs.
William J. Kowalski, Colleen A. O'Laughlin, Caplan and Earnest, LLC, Boulder, CO, David J. Nowak, White and Steele, P.C., Denver, CO, Bradley D. Tucker, Walberg & Dagner, P.C., Quebec Centre II, Englewood, CO, Jamey W. Jamison, Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, Marc R. Levy, Martha C. Ferris, Stuart D. Morse, Levy & Lambdin, P.C., Englewood, CO, Franklin D. Patterson, Craig S. Nuss, Patterson & Nuss, P.C., Englewood, CO, for defendants.
Pending are Fed.R.Civ.P. 12(b)(1) and (6) motions to dismiss filed by defendants United States of America (United States), Community Involved Chartered School (CICS), Jefferson County School District R-1 (School District), and Wayne Emmett McKillop (Mr. McKillop). After consideration of the motions, responses, and counsels' argument, I will deny the motions in part and grant them in part.
I.
The following facts are undisputed unless otherwise stated. This case arises out of a forest fire that began on May 18, 1996 in the Pike National Forest near Buffalo Creek in Jefferson County, Colorado. Third Amended Complaint, ¶ 9. The fire destroyed the property, buildings, and dwellings owned and occupied by Plaintiffs Jerry King, Gail King, Curt Rogers, Aimee King-Rogers, David McGuire, and Jennifer McGuire (individual Plaintiffs). Plaintiffs allege that the forest fire started as a result of a campfire built by defendants Soares, Messer, Martinez, Glandon, and Lacey, id. at ¶ 11, students at CICS, a charter school in the School District. Mr. McKillop, a teacher and student advisor at CICS, took sixteen CICS students on a three day camping trip in the Pike National Forest to a site used by he and his wife pursuant to a twenty year "Term Special Use Permit" (Permit) issued by the United States Forest Service. Some of the students stayed in a cabin located on the land while others pitched tents near the cabin and at a site some distance from the cabin. At the more distant campsite, several students built a fire pit for campfires. An ember from one of the campfires apparently started the forest fire.
The following claims are pending:
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