Oregon wildfire victims’ class action case mostly paused after PacifiCorp wins appeal

A Multnomah County judge Friday paused most proceedings for victims seeking damages from PacifiCorp for homes and property destroyed in 2020 wildfires after an appellate court handed the electric utility a big victory last month. Multnomah County Circuit Court Judge Steffan Alexander ordered a stay in the long-running class action lawsuit known as the James case after the Oregon Court of Appeals in April found error with Alexander’s jury instructions. Under the order, litigants will be allowed to continue document discovery and other limited pre-trial actions, but the case temporarily cannot move forward to damages trials. The ruling effectively pauses the case pending an appeal before the Oregon Supreme Court. Three years ago, a jury found Portland-based PacifiCorp reckless and grossly negligent for failing to shut off power during a Labor Day windstorm, which led to four devastating blazes: the Santiam Canyon, 242, Echo Mountain Complex and South Obenchain fires. The jury’s finding in the James case applied to all 2,500 class members, with a series of other trials taking place to determine individual plaintiffs’ individual damages. The three-member appellate panel found Alexander’s instructions to jurors that evidence presented at trial applied to all members of the class action lawsuit was “erroneous” and “prejudicial to PacifiCorp,” in effect reversing awards that had already surpassed $1 billion across eighteen damages trials representing more than 170 wildfire victims, according to court records. On May 13, attorneys for victims appealed the appellate ruling to the Oregon Supreme Court. On Friday, Judge Alexander stayed proceedings in the James case, which has been ongoing since September 2020. In their petition for review to the Oregon Supreme Court, lawyers for the wildfire victims argued that the appeals court agreed the evidence supported a liability verdict for every class member. “But it reversed the liability verdict because of a single sentence in a standard instruction defining how a class action works,” the plaintiff lawyers wrote. “In doing so, the Court of Appeals applied a new and erroneous rule of class-action law, misunderstood the class-wide evidence at trial, and hypothesized prejudice that the trial record conclusively disproves.” PacifiCorp, meanwhile, welcomed Alexander’s stay in the James case Friday, calling it a “reasonable outcome based on the Oregon Court of Appeals decision.” “We acknowledge the devastating effects of the 2020 wildfires and seek to help provide closure to impacted individuals,” PacifiCorp said in the emailed statement. “The company remains willing to settle all reasonable claims related to the South Obenchain, Echo Mountain and 242 fires.” The utility said it had settled some 90% of wildfire claims, excluding those related to the wind-driven Beachie Creek fire. PacifiCorp said it will continue to defend itself against claims pertaining to Beachie Creek, a fire that was started by lightning near Mount Jefferson – not downed power lines – and was responsible for the Santiam Canyon destruction, according to a state investigation released last year. Plaintiff attorney Matthew Preusch declined to comment. The litigants are scheduled to meet for a status conference Aug. 7.

(Source：The Oregonian)