$305 million to 16 local plaintiffs; total damages now nearly $1 billion
A Portland jury has awarded a record $305 million in the latest trial against PacifiCorp over the 2020 Labor Day fires, following testimony of deep losses during and after the disasters.
The verdict was issued Wednesday in Multnomah County Circuit Court as part of damages proceedings in James et al vs. PacifiCorp over the 2020 Labor Day fires.
Testimony began Feb. 18 and focused on claims from 16 survivors of the Santiam Fire.
PacifiCorp was found liable for the Santiam, Echo Mountain Complex, South Obenchain and 242 fires following a trial in 2023. The company denies wrongdoing and has appealed the verdict.
Jurors in the latest trial were generous with non-economic damages for emotional and psychological harm, awarding $18.5 million each to 12 adult plaintiffs and $5 million each to four minor plaintiffs, for a total of $242 million.
Other awards included $1.3 million in economic damages, $60.8 million in punitive damages and $1.3 million for a fire caused by recklessness.
Total damages in the case are now $992.4 million for 144 plaintiffs. Roughly 1,600 claims are still pending before the court, with new trials proceeding every week through 2026.
Compounding losses
Plaintiffs in the latest trial included the family of Rachel Nordmo, late of Mill City, who died in 2024 at age 28 before her claims could be heard. She left behind a fiance and young daughter.
Nordmo’s sister, Cora Young, said they lost all family pictures in the fire and no longer have these mementos to help remember Nordmo, not even for her memorial service. Young also described spending the final years of her sister’s life away from Mill City because her immediate family was displaced by the fire.
“I’m never going to be able to get back anything that I’ve lost, including…all the time I lost with Rachel,” said Young.
On top of losing her sister, Young suffered the loss of multiple pets in the fire including a cat and several rabbits. She told jurors one of the images she can’t get out of her mind is finding the remains of her rabbits in the burned out hutch, then having to remove them.
Young had also just married husband Robert Young the month before the fire. He described how they lost the chance to grow closer in the early years of their marriage because he had to commute and work long hours as they struggled to rebuild their lives.
Robert Young said his son would “get so mad and sad” when he said he had to be away for work the next day, and would become elated on the days Robert Young could stay home.
“It was tough,” said Robert Young. “It took a toll.”
Back through the fire
Another couple, Diamond Edge and Guy Edgerton, had to travel back into the fire to recover medication left behind when they evacuated.
Edgerton testified they left along with family members and neighbors as the fire was approaching their home in Mill City. This experience was already stressful because they felt like they could not pack much, and because their pet cat ran away when they got in their vehicle, said Edge.
After reaching Salem, they realized Edgerton had left behind antiretroviral therapy drugs that could not be easily replaced, and drove back to Mill City not knowing if the house and the medicine were still there. They successfully retrieved the medicine, as well as some vital documents, but were still unable to find their cat.
The couple drove back down Hwy. 22, passing burning trees and buildings a third time, and had to move downed trees out of their way and avoid powerlines. Edgerton said the heat was “really intense” and he has suffered nightmares about the drive.
Edge and Edgerton lost their house and all the possessions inside including Edge’s high school graduation ring, a significant loss because he was the only member of his family to graduate. The couple’s cat did survive, which Edge said was the only bright point after the fire.
Far-reaching damage
Other plaintiffs included Kevin Muniz, who evacuated around 1 a.m. with his neighbor to Muniz’ restaurant in Mill City, Poppa Al’s Famous Hamburgers. The fire was too close and they evacuated further out of the canyon, not knowing if the next site would also be unsafe.
Muniz was haunted by the fire and the loss of his home, feelings which intensified when his restaurant closed in 2022 due to losses from the fire and COVID-19 restrictions. Though now sober, Muniz said he began to drink heavily because of constant thoughts of the fire and trouble sleeping.
Poppa Al’s suffered smoke and ash damage, however Muniz was unable to claim these in the suit because the restaurant was not within the official boundary of the fire.
Robert Shellabarger Jr., of Gates, was in the process of raising a family and starting his own construction business when the fire burned down his home, including his tools. Shellabarger had rebuilt his life after serving time in prison in 2013 for burglary, and plaintiff attorneys said this path to rehabilitation was turned to “ashes” and made Shellabarger feel like a failure.
During closing arguments Monday, PacifiCorp attorney Brad Daniels said they do not dispute that plaintiffs endured horrific tragedies, but their experiences do not justify multiple millions of dollars. He suggested total non-economic damages of $8.5 million, and said this would be enough to restore plaintiffs to pre-fire lifestyles.
Plaintiff attorney Shawn Rabin said PacifiCorp’s attempt to diminish plaintiffs’ experiences was dehumanizing. He asked jurors to award the full amount they believe is justified, up to $25 million per plaintiff, and consider what a reasonable person would need to be offered to endure what plaintiffs suffered.
Courtroom access provided through cvn.com.
