Phase II of a lawsuit against PacifiCorp over the 2020 wildfires is set to begin in January, while a request to set aside a $90 million verdict from Phase I will be heard this fall.
During a hearing Sept. 15 in James et al vs. PacifiCorp, Multnomah County Circuit Court Judge Steffan Alexander formally set the first of three Phase II trials to begin Jan. 8, 2024.
During the trial, 15 plaintiffs out of a remaining 5,000 class members will have individual damage claims heard by a jury. Alexander said the 15 fire survivors should include at least one class member who was a renter and one class member who suffered losses from smoke and ash damage.
Similar trials were scheduled for February and April, followed by class-wide mediation for remaining claims.
Alexander said these bellwether trials would help gather information about the strength of remaining claims and the potential for jury awards, helping parties reach potential settlements. If trials continued after mediation, he said these proceedings would benefit from “a much more refined process.”
Meanwhile a hearing is set for Nov. 9 to argue whether or not Alexander should throw out a June 12 jury verdict finding PacifiCorp liable for the Santiam, Obenchain, Echo Mountain and 242 fires. PacifiCorp was found to have negligently mismanaged its electrical grid during high heat and wind conditions when downed power lines sparked the fires Sept. 7, 2020.
The jury awarded $90 million to 17 named plaintiffs. PacifiCorp argues this decision was not supported by the evidence or state laws regarding wildfire lawsuits. They have also requested a mistrial based on witness testimony about deaths from the fires, which were not subject to the suit, and have renewed a request to decertify the class.
Plaintiffs have been given until Oct. 11 to file their opposition to these motions.
After the January trial, a second Phase II trial is set for Feb. 26, 2024 that would follow the same 15-person format. A third trial set for April 22, 2024, will focus on claims filed by Freres Timber Inc. and C.W. Specialty Lumber Inc.
These businesses had filed their own suits against PacifiCorp in 2022, which were later consolidated with James et al vs. PacifiCorp.
Freres is seeking $40 million for damage to 7,000 acres of timberland, as well as work stoppages at its mills and the displacement of many of its 450 employees. C.W. is seeking $28.6 million for the destruction of 30 acres of timberland and the mill where it employed 24 people, and lost profits after it permanently closed following the fires.
Alexander’s approval of bellwether trials for Phase II came after parties could not agree on terms for using special masters.
Alexander approved a plan for bellwether trials, allowing plaintiff attorneys to select the 15 class members whose claims would be heard.
