Bootsy Bellows sues companies, homeowner over Aspen power outage
August 31, 2014
The owner of Bootsy Bellows, the upscale underground nightspot on East Hopkins Avenue's restaurant row, is suing over losses resulting from a local power outage early this month.
The lawsuit was filed in Pitkin County District Court on Tuesday. It names Edwards-based LKP Engineering Inc., Morrison-based Odell Drilling Inc. and Aspen resident Patricia Gorman as defendants. Aspen attorneys Christopher D. Bryan and Angela M. Vichick of Garfield & Hecht P.C. are representing the plaintiff, Bootsy Aspen LLC, which owns and operates Bootsy Bellows.
On Aug. 4, LKP was taking soil samples with subcontractor Odell Drilling at Gorman's East Hallam Street residence, where, according to city officials, the crew was working without proper permits. At approximately 11:30 a.m., the city received a phone call from LKP saying the crew had severed a main electric feeder line, causing widespread outages in the downtown area. Power was not fully restored until around 10 p.m., and affected businesses — many of which had to close that day and night — and individuals are claiming thousands of dollars in lost revenue and spoiled food and drink.
Bootsy Bellows is not the first entity to file suit over the matter. One week after the outage, a family of Louisiana-based lawyers filed a class-action complaint against LKP, Odell and Gorman. It claims thousands of dollars in lost revenue and wages for a local restaurant and its workers.
That lawsuit was filed on behalf of Brunelleschi's restaurant, bartender Wesley Beuter and waitress Katrina Buesch. They are represented by attorneys Becket Becnel and Daniel Becnel.
The Becnels argue in the suit that there could be 50 businesses and 500 individuals with lost profits and wages as a result of the power outage. The complaint says Brunelleschi's suffered a loss of as much as $20,000, while employees lost wages and tips when they were sent home that evening.
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A statement from the Becnels says they have been approached by other claimants about potential legal remedies, but the Becnels "wanted to get this matter filed as soon as possible in hopes to expedite the litigation."
Bryan said Wednesday that the losses to Bootsy Aspen are still being tabulated, but he believes they are around $40,000. Bootsy Bellows was closed for business the entire day of the outage.
"Defendants were negligent in conducting unpermitted soil drilling on Property, and such negligence proximately caused Bootsy Bellows to suffer damages related to, among other things, loss of profits, spoliation of perishable inventory and malfunctioning of a sound processor," the suit states.
The lawsuit seeks a jury trial and a damages award.
The owner of LKP Engineering, Luiza Petrovska, could not be reached for comment Wednesday.