Class action lawsuit against Pacific Power for Echo Mountain and three other 2020 wildfires now scheduled for April

 

By ZACH URNESS/Salem Statesman-Journal

The trial date for a high-stakes class action lawsuit that blames Pacific Power for igniting four of Oregon’s Labor Day fires is set for next April.

Plaintiffs include owners of 300 properties burned in the Echo Mountain fire in Otis, the 2,500 properties burned in the Beachie Creek and Santiam Canyon fires, along with 242 in the South Obenchain fires.

The outcome of the trial will impact anyone harmed by the fires, even if they haven’t taken legal action.

A court-approved website that provides details on the lawsuit, including who is automatically involved and how to opt-out, is now live.

The trial is scheduled to begin April 24.

Lawsuits began separately but were combined into one class action suit filed in Multnomah County Circuit Court in Portland. Plaintiffs’ lawyers are led by three law firms — Keller Rohrback, Stoll Berne and Edelson.

The lawsuit alleges Pacific Power’s failure to maintain its power lines and shut down power during a historic east wind event on Labor Day night in 2020 led to the ignition of the fires that brought damage to homes, towns and businesses from the Santiam Canyon to the Oregon Coast Range to southwest Oregon.

Pacific Power, which is owned by Berkshire Hathaway Inc., denies the claims. In previous court filings the utility called the fires an “unavoidable accident or Act of God.”

The lawsuit is proceeding despite one critical piece of missing evidence: final investigation reports from the government agencies charged with determining the cause of the fires. The Statesman Journal reported last month that more than two years later, the Oregon Department of Forestry and U.S. Forest Service have not issued final investigation reports on any of the 10 Labor Day fires.

The case will move forward with a jury trial in April, centering on whether Oregon’s second-largest utility was at fault. No money would be awarded as a result of the case, but if the plaintiffs are successful and Pacific Power found negligent, a separate legal proceeding to determine damages would likely be set up.

Who’s impacted by the lawsuit?

Since there are so many people impacted by the four fires, the suit’s website outlines details of the case and who might be impacted by the trial’s outcome.

Anyone impacted in the four wildfires — and live within the map of the impacted area — are part of the suit, even if they haven’t taken legal action. That means they’re bound to the result of the trial unless they decide to opt-out.

If you were impacted by the fire but do nothing, you will stay part of the suit and remain bound to the outcome of the trial, according to the website.

You will “enjoy the benefits of the lawsuit if plaintiffs prevail, but be bound to the outcome either way, and give up the right to litigate whether (Pacific Power) is liable for your fire-related damages in your own lawsuit,” the website states.

If the suit is successful, plaintiffs will be able to “use any favorable findings a jury makes in a future proceeding to determine whether you are entitled to compensation,” the website said.

If you were impacted by the fires and decide to opt-out, you must ask to be excluded no later than Dec. 6.

For those that choose to opt-out, they would “Get no benefit from (the lawsuit), but preserve your right to litigate whether (Pacific Power) is liable for your fire-related damages in your own lawsuit,” the website said.

To opt-out or clarify your situation, call 1-844-633-0692, email info@PacifiCorpFireLitigation.com or mail to PacifiCorp Fire Litigation c/o JND Legal Administration P.O. Box 91348 Seattle, WA., 98111.