PacifiCorp Fire Litigation: Oregon Labor Day Wildfires
Case Updates
In an historic verdict on June 12, 2023, a jury in Portland held PacifiCorp accountable for the devastating fires that swept across Oregon on Labor Day 2020. The jury found PacifiCorp directly responsible for damages the class suffered from four fires: the Santiam Canyon Fire, the Echo Mountain Complex Fire, the South Obenchain Fire, and the 242 Fire.
The jury also determined that PacifiCorp must compensate the named class representatives for the harms they suffered to their property and possessions, as well as awards of between $3-$4.5 million dollars to compensate the named Plaintiffs for the non-economic harms they suffered.
At the punitive damages phase of the trial, the same jury determined that PacifiCorp should be held liable for punitive damages in the amount of 0.25 times the amount of economic and noneconomic damages awarded.
Following the liability and punitive damages trial, the Court moved into Phase II of the case to determine damages for class members. The Court set two jury trials for groups of individual class members to prove their damages. The first of those “mini damages trials” concluded on January 23, 2024, with the jury awarding the nine Plaintiffs non-economic damages awards of between $4.5-$8.5 million dollars each, in addition to their full economic damages. The second mini damages trial concluded on March 5, 2024, with the jury awarding the 10 Plaintiffs non-economic damages awards of between $1.75-3.5 million dollars each, in addition to their full economic damages.
After these trials are concluded, Judge Alexander has ordered that the parties engage in mediation in an attempt to reach a settlement and establish a process through which class members may seek to be compensated for their losses as a result of the fires PacifiCorp caused.
In April, as part of the damages phase of the case, Lead Counsel filed the first 'mass complaint' on behalf of 1,000 survivors of the four fires at issue in the James case.
PacifiCorp has appealed the June 2023 verdict and has said they plan to appeal the January and March 2024 verdicts as well.
Case History
In May 2022, Judge Alexander granted Plaintiffs' motion to certify a “class” in the case. This allowed the key liability issues in this case to be resolved in one classwide trial, leaving only the amount of each person’s damages to be determined afterward in individual mini-trials or some other procedure. The certified class is defined as:
- (A) Owners or residents, as of September 7, 2020, of any privately owned real property that is wholly or partially within the boundary of the maximum extent of burn for the Echo Mountain (including the Kimberling Fire), South Obenchain, or 242 fires, or for the Santiam Canyon fires, is wholly or partially within the [boundary indicated on the map], and experienced fire activity during those fires; or
- (B) Owners of a motorhome, residential trailer, manufactured dwelling, other mobile home, or any other personal property that, as of September 7, 2020, was located on any property in the same area, experienced fire activity during the Fires, and whose personal property experienced fire damage during the Fires.
In October 2022, notification was sent to class members regarding class certification. More information, including a copy of the notice and the fire map boundaries, can be found at the notice website or in the Case Documents section below.
In May 2022, Judge Alexander also granted the Plaintiffs’ request to consolidate several cases pending in Multnomah County about the Labor Day 2020 fires and to appoint Keller Rohrback, Stoll Berne, and Edelson PC as lead counsel.
Case Overview
On September 30, 2020, Keller Rohrback L.L.P., Stoll Berne, and Nick Kahl, LLC filed a class action lawsuit against PacifiCorp and Pacific Power for the catastrophic damage to homes, businesses, schools, and entire communities allegedly caused by the power companies’ negligence and downed power lines during the devastating fires that ignited in Oregon during Labor Day weekend of 2020. The lawsuit was filed in Multnomah County Circuit Court on behalf of Plaintiffs Jeanyne James and Robin Colbert. On October 30, 2020, the firms amended their complaint to add additional Plaintiffs from around the state and demand damages of over $600 million.
The complaint alleges that PacifiCorp and Pacific Power failed to properly maintain and operate their electrical infrastructure, thus setting the stage for tragic losses in the very communities these utilities served. As a result, downed power lines accounted for a significant portion of the fire damage that community members suffered.
The complaint also alleges that PacifiCorp and Pacific Power wholly failed to take simple measures, such as de-energizing their electrical equipment, that could have prevented these tragic losses—measures undertaken by other utilities. For example, the elementary school in Gates, Oregon, used by firefighters as a command center, was completely destroyed by fires related to downed power lines that were not de-energized.
You can review the Amended Complaint in the Case Documents section below.
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