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Homeowners settle lawsuit with propane, heating companies

Kelleys' home exploded in 2012

Karen and Timothy Kelley, whose house near Lemon Reservoir exploded on Feb. 21, 2012, have settled a lawsuit they filed against Amerigas Propane, Mesa Propane, and Creative Plumbing and Heating.

The case was settled on April 20, before the lawsuit was set to go to a jury. The terms of the settlement were not disclosed.

The original lawsuit, filed in Feburary of 2013, stated that medical costs for Timothy Kelley's injuries would cost more than $531,000, while his wife's would cost more than $357,000. Their daughter's medical expenses would cost more than $29,000.

The lawsuit stated they all suffered pain, suffering, and mental anguish, among other claims.

The explosion was started by propane leaking from the exterior of the house, the original lawsuit stated. The Kelleys lived close to CR 243. The leak was caused by pressure applied to a gas regulator by a snow shield that Creative Plumbing and Heating installed for Amerigas in 2010, according to the lawsuit. It was one of about 5,000 to 6,000 shields Creative was contracted to install around the area.

Amerigas provided propane service to the Kelleys from December 2007 until November 2011. Mesa Propane provided the service from November, 2011 until the explosion in 2012.

Creative Plumbing was negligent in installing the snow shield, and Amerigas was negligent in inspecting the snowshield, and Mesa was negligent in the inspection and providing warnings to the Kelleys, the suit stated.

The lawsuit and ensuing paperwork grew to hundreds of pages during the past few years.

Some of the details in the paperwork included:

Tim Kelley and his daughter arrived home about 6 p.m. and entered the house and smelled propane. He called a Mesa employee, who told him to leave the house. The employee's husband also called the house and told the Kelleys to leave the house. In the meantime, Mesa employee Bobby Fuller was sent to the house to locate the source of the leak.

When Karen Kelley came home awhile later, she smelled propane outside the home. The explosion occurred about 8:18 p.m., the paperwork states.

According to a Times article from Feb. 23, 2012, Fuller arrived at the home to find it completely destroyed. The Kelleys' daughter, Cameron, had extricated herself from the debris and was sitting inside her parents' pickup in temperatures of 10 or 11 degrees. Fuller got her into his truck, called 911 and drove her to meet Upper Pine responders who were coming in.

Residents of the neighborhood also came to the scene and found the two adults. They were buried under four to six feet of debris. Rescuers used saws and hydraulic tools to reach them. Karen and Tim Kelley were transported by separate helicopters to Mercy Regional Medical Center, then the CU Medical Center in Denver.

The next day, the Kelleys' dog was found in the debris. The chocolate lab had singed hair, smoke inhalation, blunt trauma to his head and concussion to his chest.

The lawsuit stated Tim Kelley had suffered numerous injuries, including first-degree burns to his face and hands, knee injuries, a spinal injury, head and brain injuries.

Karen Kelley had burns on both of her legs and left hand, a laceration to her left ear, skin grafts, and a head and brain injury.

Their daughter had a fractured leg, burns to her forehead, singed hair and other bruises.

In one of the motions, attorneys for Mesa Propane wrote that the Kelleys were "comparatively negligent" for not evacuating their homne.

The Kelleys did not respond to calls seeking comment on the settlement, nor did their attorney.

A spokewoman for Amerigas and an attorney for Mesa Propane did not return phone calls seeking comment.

Creative Plumbing and Heating has closed its location in Bayfield, and its tradename with the Colorado Secretary of State has expired, according to the agency's website.