By ZACH URNESS/Salem Statesman Journal
PacifiCorp on Tuesday appealed a landmark class action lawsuit verdict after a jury in 2023 found the utility giant at fault for damage caused by four of the 2020 Labor Day wildfires.
A Portland jury in June 2023 found PacifiCorp negligent and grossly negligent for causing the South Obenchain, 242, Echo Mountain and Santiam wildfires. So far, juries have awarded $315 million to 51 plaintiffs in a class of survivors that’s estimated to include around 5,000 members and could reach billions in damages.
On Monday, a jury awarded seven plaintiffs $48 million in the latest ongoing “mini trial” happening this year.
PacifiCorp has maintained the 2023 trial and verdict were flawed. In opening briefs to the Oregon Court of Appeals, the utility challenged multiple aspects of the James trial.
“We fully recognize the tragic impact of the 2020 Labor Day fires, and we have worked diligently to reach fair settlements with more than 2,000 people who filed claims related to wildfire losses,” Pacific Power President Ryan Flynn said in a statement. “The James case demonstrates that class treatment is not a good fit for managing wildfire claims, and the company strongly believes it is important for the Oregon Court of Appeals to review the issues raised on appeal.”
It has been a busy time for determining who’s at fault for the 2020 wildfires. Last month, the Oregon Department of Forestry issued a long-awaited report that said PacifiCorp was not at fault for the 2020 Santiam Fires, contradicting the jury verdict. Wildfire survivors and lawyers condemned the report as “seriously flawed.”
In its appeal, PacifiCorp disputes the creation of a class of nearly 5,000 people grouped together from “multiple distinct and independently ignited fires in geographically diverse regions into a single class.”
The trial included four different wildfires in four different places — the Santiam Canyon (Santiam-Beachie Fire), Lincoln City and Otis (Echo Mountain Complex) and southern Oregon (242 and South Obenchain). A class action trial meant that all four fires were litigated at once, rather than separately.
“Before this case, no court in Oregon has certified a class action that included multiple claimants impacted by distinct fires, let alone thousands of claimants located hundreds of miles apart who were impacted by different events,” a news release said.
Among the appeal’s other key complaints:
- Plaintiffs failed to prove that PacifiCorp caused harm to every class member.
- Jury instructions applied incorrect legal standards in assessing classwide evidence and individual claims.
- Class members were permitted to seek non-economic damages contrary to Oregon law.
Lawyers said they expect the appeal to continue through 2025 and the Oregon Court of Appeals to address the arguments in 2026.
“We remain committed to resolving all reasonable claims related to the 2020 Labor Day fires within the bounds of Oregon law,” Flynn said. “However, we believe the James case raises important legal issues that must be addressed on appeal.”
Even with the appeal, the James case has continued in Multnomah County Circuit Court. On Monday, a jury awarded seven survivors of the fires a combined total of $48 million in the latest “mini trial” in the James case.
After the verdict in June 2023 found PacifiCorp at fault, the case moved into a series of small trials where juries have been deciding how much fire survivors in the case deserve to be paid. The plaintiffs in this case were impacted by the Echo Mountain, South Obenchain and Santiam fires. They were awarded between a few hundred thousand to up to $10 million.
In June 2024, PacifiCorp reached a settlement with 403 plaintiffs of the James trial for $178 million. Over the past few months, another roughly 1,500 of the 5,000 class members have been granted permission to obtain outside counsel in the hopes of reaching a settlement with PacifiCorp.
- Zach Urness can be reached at zurness@StatesmanJournal.com or (503) 399-6801.
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