CVN screenshot of plaintiff attorney Nick Rosinia delivering his closing argument
Portland, OR - An Oregon state court jury has awarded $50 million to 10 people who suffered property damage in the state’s massive 2020 Labor Day wildfires, bringing the total damages awarded after multiple previous trials to $385 million, and the full trial was recorded by Courtroom View Network.
The May 21st verdict comes in the wake of an initial trial in 2023 that resulted in Berkshire Hathaway-owned utility PacifiCorp being found liable for the 2020 fires due to not deactivating power lines ahead of a predicted wind storm. Subsequent trials have taken place to determine damages for various groups of plaintiffs, with another slated for next week and more throughout the year.
PacifiCorp is appealing the 2023 liability verdict and class certification but also stated that they remain “committed to settling all reasonable claims.” With liability already determined in the 2023 trial, the recent trial and others before it dealt solely with differing claims on how much monetary property damage the plaintiffs actually suffered.
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During the liability trial plaintiffs argued that PacifiCorp had ample warning ahead of a predicted wind storm to deactivate power lines. They claimed that decision along with supposed failures to clear brush and leaves from areas around the lines caused a preventable fire, but PacifiCorp argued during the trial that cutting power would have hindered first responders and emergency facilities like hospitals.
Thousands of plaintiffs who suffered property damage in the fire still have claims pending, and without a larger resolution damages trials for discreet groups of plaintiffs are expected nearly every month for the rest of the year.
“We are looking forward to bringing these cases to trial at any pace the Court sets,” said Nicholas Rosinia, partner at Edelson PC, in a statement released to the media after the trial. “Month after month, juries have been consistent and clear: PacifiCorp must answer for the devastation it caused.”
PacifiCorp issued a statement indicating their willingness to settle remaining claims, but also highlighting their ongoing appeal of the liability and class certification verdict, in addition to citing a March finding by the Oregon Department of Forestry determining PacifiCorp’s power lines did not contribute to one of the main Labor Day fires.
“These settlements were the result of negotiations culminating in meaningful compensation to help those affected by the fires recover, rebuild, and move forward,” the company stated.
The plaintiffs were represented by Edelson PC and by Johnson Johnson Lucas & Middleton.
PacifiCorp is represented by Hueston Hennigan LLP and Stoel Rives LLP.
E-mail David Siegel at dsiegel@cvn.com