Judge rules against PacifiCorp, sets next phase of Oregon wildfires trial

Multnomah County Judge Steffan Alexander ruled against PacifiCorp on Friday and set dates for a series of consolidated trials to determine damages for victims of the 2020 Labor Day Fires.

A jury in June found PacifiCorp liable for igniting four wildfires and ordered the utility to pay $90 million to 17 named plaintiffs. The jury also ruled PacifiCorp was liable in an additional class of some 5,000 victims, or 2,500 properties, damaged in the fires.

Alexander set dates beginning in 2024 for three “mini trials” in which those additional members of the class could make claims for damages against PacifiCorp.

Alexander also ordered the lawyers for fire victims and PacifiCorp to engage in mediation at the completion of the third trial, potentially in June, in the apparent hope of encouraging a settlement.

PacifiCorp had argued the second phase of the trial should be delayed until it exhausted its appeals — a process that would have taken years. PacifiCorp, which is owned by multinational corporation Berkshire Hathaway, also filed motions to throw out the verdict arguing the jury’s decision “was not supported by evidence or the law,” it said in previous court filings.

“PacifiCorp disagrees with the jury’s decision in this case," PacifiCorp said in a previous statement to the Statesman Journal. "We have been consistent in our statements that we plan to appeal.”

The ruling came three years to the day that a powerful east wind event fueled a series of massive wildfires that roared into multiple communities across Western Oregon, including in the Santiam Canyon and Lincoln City area.

Lawyers for wildfire victims argued power lines operated by PacifiCorp ignited four fires — the Santiam, Echo Mountain, 242 and South Obenchain fires — and that the utility’s decision to keep power turned on despite a historic windstorm made it liable for the damage.

How will the ‘mini trials’ move forward

Alexander scheduled the first of the three “consolidated trials” to run Jan. 8-17. In it, lawyers for the plaintiffs will assemble about 10-15 victims, members of the class, whose property was damaged by the fires.

Alexander said those 10 to 15 members should be a cross section of the class members.

Then, a consolidated trial, with a jury, would move forward, with fire victims arguing for economic relief.

The second trial, which would include another 10-15 victims, was scheduled for late February. A third trial would include some of the businesses damaged in the fires, including Freres Lumber of Lyons.

After the third trial, Alexander ordered the two sides into “formal mediation for the entire class.”

If no settlement is reached, the two sides would continue forward with the mini trials.

Why this format is being used

Lawyers for the plaintiffs suggested a different format for phase two of the trial that included creation of a “special master process to PacifiCorp to efficiently determine economic and non-economic damages for all absent class members,” modeled after the fire victim trust in California’s deadly Camp Fire.

“The intent was to efficiently use the Phase I jury’s verdicts and findings to promptly resolve all Class Members’ damages in Phase II,” plaintiffs' lawyers wrote.

PacifiCorp did not agree and did not waive its right to a jury trial. Instead, it suggested “a tranche of bellwether trials” that could mean a series of individual trials.

Alexander said Friday that his plan included elements from both parties’ proposal.

Zach Urness has been an outdoors reporter in Oregon for 15 years and is host of the Explore Oregon Podcast. Urness is the author of “Best Hikes with Kids: Oregon” and “Hiking Southern Oregon.” He can be reached at zurness@StatesmanJournal.com or 503-399-6801. Find him on Twitter at @ZachsORoutdoors.