Survivors of destructive wildfires throughout Oregon in 2020 have been granted leave to file an amended class action lawsuit against PacifiCorp, taking into account the ongoing aftermath of the fires more than two years later.
During a hearing Dec. 19 in Multnomah County Circuit Court, Judge Steffan Alexander granted a motion by plaintiffs to re-file their complaint, over objections by defendants that too little time was left to refute new claims before a trial scheduled for April 24, 2023.
The amended complaint, a preliminary copy of which was attached to plaintiffs’ motion, placed greater emphasis on the emotional and psychological suffering of those who were forced to evacuate due to the fires, as well as the struggles of those who have yet to return to communities that are still rebuilding. The complaint said these types of losses were “different and distinct” from typical fire damage, such as loss of property and physical harm, and ought to be weighed separately.
“Defendants’ violation constituted a uniquely serious violation of Plaintiffs’ separate legally protected right to be free from the fires and the fires’ effects that Defendants contributed to and caused, including forcing Plaintiffs to evacuate from their homes, experience displacement, and traverse public roadways obstructed by Defendants,” read the proposed complaint.
The amount sought by plaintiffs was unchanged, including $1 billion in non-economic damages and $600 million in economic damages, with double the economic damages sought under an Oregon law allowing for twice the amount from a wildfire caused through recklessness or gross negligence, for total damages of at least $2.2 billion.
As of press time, a finalized amended complaint had yet to be filed. Attorneys for PacifiCorp told Alexander Dec. 19 they would need to confer before determining whether or not to file an amended response, or if their response to the previous version of plaintiffs’ complaint would stand.
PacifiCorp has denied liability and asked for dismissal of plaintiffs’ claims.
The suit was filed Sept. 30, 2020, by survivors of the Santiam fires, which devastated local cities that Labor Day. The case has since been certified as a class action and includes survivors of fires elsewhere in Oregon including the Echo Mountain Complex, Obenchain, and 242 fires, and has been consolidated with several other lawsuits against PacifiCorp by affected fire survivors and property owners.
Potential sanction pending
With the motion for an amended complaint resolved, a separate motion asking to sanction PacifiCorp for allegedly disregarding a discovery order was pending. Alexander was expected to issue a decision during a hearing Dec. 23.
Plaintiffs argued PacifiCorp has repeatedly violated a court order to turn over information related to the potential cause and origin of the fire, including an Oct. 6 deposition when defense attorneys allegedly coached a PacifiCorp claims agent to limit her answers under the protections of attorney-client privilege.
Plaintiffs asked Alexander to compel the claims agent to testify about the facts known to her and opinions she has formed, and to sanction PacifiCorp for their alleged obstruction during the deposition including costs incurred through filing the motion and to continue with the agent’s deposition.
On Dec. 19, the defense denied coaching the agent and said they gave standard reminders to not share privileged information, and said much of the information sought by plaintiffs was indeed protected because the agent was acting at the direction of PacifiCorp counsel to help them prepare their case.
Plaintiffs argued these reminders had a chilling effect on the agent and often compelled her to limit her answers or not answer at all, and said just because the agent communicated her findings and conclusions to attorneys does not make this information privileged.
The same Oct. 6 deposition led to a request by plaintiffs for the court to limit ex parte communications between PacifiCorp and fire survivors, as it turned out the claims agent had interviewed class members who were unaware of the suit without disclosing the suit’s existence nor PacifiCorp’s adverse interests in the matter.
PacifiCorp later agreed to cease unauthorized contact and to inform any survivors who filed claims in the future that the suit was ongoing and, unless they opted out of the litigation, they could not discuss facts relevant to the case without approval from plaintiff attorneys.
The deadline to opt out was Dec. 6. On Dec. 19, attorneys reported around 500 individuals opted out in favor of potentially seeking their own remedies, leaving thousands of individuals across Oregon as members of the class.
