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NORTHERN CALIFORNIA RECORD

Tuesday, September 17, 2024

Pacificorp accused of negligence leading to McKinney Fire devastation

State Court
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A devastating wildfire known as the McKinney Fire has led to a significant legal battle in California. The plaintiffs, represented by the Law Offices of Reiner & Frankel, LLP, filed a complaint on July 22, 2024, in the Superior Court of California, County of Sacramento against PacificCorp and Richard Harris.

The case centers around the McKinney Fire that ignited on July 29, 2022, near Highway 96 and McKinney Creek Road in Siskiyou County. The fire was allegedly caused by electrical equipment within PacificCorp's utility infrastructure contacting or causing sparks to contact surrounding vegetation. This catastrophic event resulted in over 60,000 acres burned, more than 194 structures destroyed, multiple injuries, and at least four fatalities. The plaintiffs argue that PacificCorp failed in its duty to ensure the safe operation of its electrical distribution system. According to the complaint, "PacificCorp’s failure to properly construct, inspect, repair, maintain, manage, monitor and/or operate its power lines and/or other electrical equipment" directly led to the ignition of the fire.

The plaintiffs include homeowners, renters, business owners, and other individuals whose properties and lives were devastated by the fire. They are seeking compensation for their immense losses which include personal injury; wrongful death; damage to real and personal property; pain and suffering; loss of income; emotional distress; and other related damages. Specifically mentioned is Jefferey “Jeff” Cogan who brings forth claims individually and as a successor-in-interest for his father John Cogan who perished in the fire.

The complaint lists nine causes of action including inverse condemnation, negligence, premises liability, nuisance, trespass, violations per Public Utilities Code §2106 and Health & Safety Code §13007 among others. Plaintiffs claim that PacificCorp was aware of the heightened risk due to ongoing drought conditions but failed to take necessary precautions such as proper vegetation management around power lines. The lawsuit also alleges that Richard Harris as an employee responsible for managing safety resources in Siskiyou County failed in his duties contributing to this disaster.

Plaintiffs are seeking various forms of relief including compensatory damages for lost property and income; punitive damages aimed at punishing PacificCorp for prioritizing profits over safety; attorney fees; costs of suit; prejudgment interest; general damages for emotional distress among others. They demand a jury trial on all issues where permitted by law.

Representing the plaintiffs are attorneys Russell Reiner (State Bar No. 84461), Rick Lundblade (State Bar No. 220662), April K. Stratte (State Bar No. 290423) from Reiner & Frankel LLP while L. Stewart serves as Deputy Clerk at Superior Court handling this case under Case ID #40-V014F40.

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