By Peter Marcus, DENVER DAILY NEWS
Denver resident Scott Evans found hope when he became the owner of a puppy weimaraner after his 33-year-old sister died of skin cancer five years ago.
He used some of the money from his sister Jen’s life insurance policy to purchase his new best friend and companion. Dr. Evans named the dog Asha, which literally means “hope” in Sanskrit and “life” in Swahili.
What Evans didn’t realize is that three-and-a-half years down the road he would lose both hope and life.
On Oct. 28, 2009, Evans was taking Asha for a walk after working in his Highlands neighborhood chiropractic studio when the two crossed a gravel and metal parking lot that was under construction near 4650 W. 38th Ave. Suddenly Asha let out a “yelp.”
Evans thought she had somehow broken her foot. The reality would be much worse.
Asha tried to make her way back to Evans, but she crossed the same spot in the parking lot, becoming nearly paralyzed. Asha dropped to the floor, shaking as she was being electrocuted by an alleged 277 volts of electricity flowing to the surface of the parking lot.
Evans tried to move her, but he himself started to feel the electric shock. He momentarily left Asha to pull his Jeep up to the scene. A nearby liquor store shopkeeper quickly came to assist. But as Evans and the shopkeeper attempted to move Asha into the Jeep, they were both shocked.
“At that point, I knew she was being electrocuted,” Evans said yesterday. “I pretty much started freaking out realizing that I was witnessing my dog being electrocuted and I couldn’t do anything about it.”
Evans, with attorneys from the Wheat Ridge-based Animal Law Center, have filed a lawsuit against three local construction contractors and Xcel Energy for gross negligence related to the incident. The lawsuit alleges that during construction of the parking lot, a contractor drove supporting rebar into the ground near an active underground Xcel Energy power line when the metal came in contact with the power cable, conducting electricity to the surface of the lot.
The lawsuit names Arvada-based Sabell’s Enterprises, LLLP, Denver-based Palace Construction Co., Inc., and Denver-based Piper Electric Co., Inc. None of the three companies returned calls by the Denver Daily News yesterday seeking comment.
Attorneys say the contractors failed to contact the Utility Notification Center of Colorado, as is required by state law, prior to driving the rebar into the then-snow-covered ground. It is unknown which of the contractors was responsible for the notification. Attorneys hope to reveal that information through the lawsuit.
“From the outset of this case, we have attempted to resolve this issue without going to court,” said Jennifer Edwards, one of the attorneys working the case and founder of the Animal Law Center. “However, the various contractors have been pointing fingers at each other, leaving us with little recourse other than a lawsuit.”
Evans was devastated following the incident. He and a buddy drove Asha to her veterinarian’s office as quickly as possible, but just as soon as they got there was as soon as Asha’s heart gave — she went limp and the vet declared her dead.
Evans says he’s not out to make money off of the tragedy. He says the lawsuit is about raising awareness.
“If I was barefoot, that could have been me,” he said, pointing out that his weimaraner was a larger dog at 95 pounds. “She was a large animal. If that had been a child, it would have been a few seconds and that child would have been gone. I just want to make sure workers are doing the right thing and not cutting corners when they’re doing their job.”
