CVN screenshot of plaintiff attorney Cody Berne delivering his closing argument
Portland, OR - An Oregon state court jury found electric utility PacifiCorp liable on Monday for wildfires that destroyed or damaged numerous properties, awarding millions of dollars in compensatory damages and teeing up a second trial phase to determine additional punitive damages.
The Multnomah County jury awarded between $3 million and $4.5 million to 17 homeowners who suffered property damage from widespread fires over Labor Day in 2020 that they claim was caused by PacifiCorp’s alleged failure to deactivate its power lines ahead of a windstorm.
The damages could grow substantially beyond that. The case proceeded to trial as a class action, and the jury found the company liable for damage to nearly 2,500 other properties. Those exact damages, which could exceed $1 billion, will be determined at a later time.
PacifiCorp said in a statement it would appeal the jury’s findings and was confident the appeals would be successful.
The full trial, which began in late April, is being recorded and webcast gavel-to-gavel by Courtroom View Network. CVN’s coverage will also continue for the duration of the punitive damages phase, which will begin Monday afternoon.
PacifiCorp, owned by Berkshire Hathaway, argued during trial there is no convincing evidence linking the fires directly to PacifiCorp’s power lines, and that the company took reasonable steps to minimize fire risk while still ensuring electricity supply to critical facilities like hospitals.
However attorneys for the property owners class told jurors the company ignored warnings about an impending windstorm, including from the Oregon governor’s office. They cited the fact other utilities in the area chose to preemptively de-electrify their power lines in key areas, and also argued that poorly maintained vegetation around PacifiCorp’s lines helped expedite the spread of the fires.
The plaintiff class is represented by the law firms Keller Rohrback LLP, Edelson PC and Stoll Berne.
PacifiCorp is represented by Hueston Hennigan LLP
The case is James, et al. v. PacifiCorp., case number 20CV33885 in Multnomah County Circuit Court.
Email David Siegel at dsiegel@cvn.com