Case Background
This Phase II damages trial was the fourteenth in a series of individual damages proceedings stemming from the James class action (James, et al. v. PacifiCorp, et al., No. 20CV33885) in the Circuit Court of the State of Oregon for Multnomah County. Seven Plaintiffs brought claims against PacifiCorp and its assumed business name Pacific Power for losses they sustained during the Labor Day 2020 wildfires in Oregon. The trial began on February 9, 2026, before the Honorable Chanpone P. Sinlapasai, with the Honorable Steffan Alexander serving as motions judge.
In the first phase of the James class action, a jury in June 2023 found PacifiCorp liable for damages caused by four wildfires that swept through Oregon over the 2020 Labor Day weekend: the Echo Mountain Complex fire, the Santiam Canyon fire, the South Obenchain fire, and the 242 fire. That Phase I jury also determined that PacifiCorp acted with gross negligence and that the company owed punitive damages at a multiplier of 0.25 times economic and noneconomic damages. Phase II trials that followed focused solely on the type and amount of damages each individual Plaintiff suffered.
Cause
The Plaintiffs alleged PacifiCorp's negligent operation and maintenance of its electrical system caused or contributed to the wildfires that destroyed their properties and upended their lives. Six of the seven Plaintiffs the Duvalls, Lunds, Katherine Stenberg, and the Sutherlins — alleged damages from the Echo Mountain Complex fire, which burned near Lincoln City on the Oregon coast. Terri Lynn Runft alleged damages from the 242 fires near Chiloquin.
Injury
The Plaintiffs reported a range of injuries. Stacey and Christopher Sutherlin, who had stored all of their belongings — including family heirlooms, shop tools, and multiple vehicles — at a property on Salmon River Highway in Otis, Oregon, lost everything in the Echo Mountain Complex fire. The destroyed personal property included a 1993 Toyota 4-Runner, a 1985 Toyota 4-Runner, a 1990s Toyota pickup, a tractor, a 2014 Polaris Ranger 800 Crew Side by Side, three custom sand quads, a Kubota riding lawnmower, a toy hauler trailer, an 18-foot tilt deck car hauler, and additional vehicles and parts. Multiple Plaintiffs claimed emotional distress, mental suffering, and disruption of their daily lives.
Damages Sought
Stacey Sutherlin's individual complaint sought economic damages up to $1,400,000 and noneconomic damages up to $25,000,000. Her prayer for relief totaled $26,400,000, including pre- and post-judgment interest, costs, doubled economic damages under ORS 477.089, and punitive damages. The other Plaintiffs filed their own short-form complaints with individual damages requests.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Terri Lynn Runft | Jaimie Duvall | Katie Duvall | Karen Lund, individually and as Personal Representative of the Estate of Ted Lund | Katherine Stenberg | Christopher Sutherlin | Stacey Sutherlin
· Counsel for Plaintiffs: Cody Berne | Carsen Nies | Nicholas A. Kahl | Keith A. Ketterling | Timothy S. DeJong | Cody Berne | Steve D. Larson | Emily Johnson | Carsen Nies | Madeleine C. Holmes | Kevin Flannery | Chloe Jasper | Anuj Shah | Matthew J. Preusch| Gary A. Gotto | Katherine J. Klein | Daniel Mensher | Natida Sribhibhadh | Benjamin Gould | William Dreher | Holly E. Lynch | Adele Daniel | Nathan L. Nanfelt | Yoona Park | Sarah R. Osborn | Jennifer S. Wagner | Derek C. Johnson | Marilyn A. Heiken | Scott Lucas | Kevin Yolken | Shane Davis | Aamy Kuldip | Nicholas Rosinia | Amy Hausmann | Zoe Seaman-Grant | Landon Webster | Megan Delurey | Schuyler Daum | Tabinda Bahl | Samantha Freltz | Bailey Weiland | Skye Walker | Abigail Henne | Rafey S. Balabanian | Brandt Silver-Korn | Todd Logan | Patrick Ntchobo | Ali Moghaddas | Shawn Rabin | Henry Walter
Defendants: PacifiCorp, an Oregon corporation, and Pacific Power, an Oregon registered electric utility and assumed business name of PacifiCorp
· Counsel for Defendants: Per A Ramfjord | Reilley D Keating | Samantha K. Sondag | Brad S. Daniels | Alex Van Rysselberghe | Katharine S. Shepherd | Kaitlyn K. Lindaman | Craig A. Fligor | Alison L. Plessman | Brittani A. Jackson
Claims
The Plaintiffs asserted six causes of action carried forward from the master complaint: negligence, gross negligence, private nuisance, public nuisance, trespass, and injunction. They incorporated the Phase I jury's liability findings and sought both economic and noneconomic damages, along with doubled economic damages under ORS 477.089, punitive damages, pre- and post-judgment interest, costs, and injunctive relief.
Defense
PacifiCorp acknowledged the Phase I jury's determination that its conduct caused harm to Plaintiffs within the boundaries of certain fires and that it bore liability for that harm. The company stated this was the law of the case. However, PacifiCorp disputed the type and extent of damages each Plaintiff sustained and raised twenty-seven affirmative defenses.
The company argued the Plaintiffs failed to mitigate their damages. PacifiCorp also contended the Plaintiffs could not prove its conduct caused the specific losses they claimed in Phase II, even though the Phase I jury found the company caused harm to the broader class. The defense cited a March 2025 investigation report from the Oregon Department of Forestry, which concluded investigators found no evidence of powerline ignitions contributing to the spread of the Santiam Canyon fire.
PacifiCorp further raised defenses of intervening or superseding cause, comparative negligence, and act of God. The company challenged the constitutionality of classwide punitive damages, argued that certain Plaintiffs were not real parties in interest if insurance carriers had already paid their losses, and asserted the class certification process itself deprived PacifiCorp of due process. The defense also argued that doubled damages under ORS 477.089 and punitive damages could not both be awarded because they serve the same purpose.
Jury Verdict
On February 18, 2026, after a nine-day trial, the jury returned its verdict awarding damages to all seven Plaintiffs.
Jaimie Duvall and Katie Duvall (Echo Mountain Complex Fire)
The jury awarded the Duvalls $209,498 in joint economic damages. For noneconomic damages, the jury awarded Jaimie Duvall $5,790,000 and Katie Duvall $5,850,000, bringing the Duvalls' combined total to $11,849,498.
Karen Lund and the Estate of Ted Lund (Echo Mountain Complex Fire)
The jury awarded Karen Lund and the Estate of Ted Lund $557,389 in joint economic damages. For noneconomic damages, the jury awarded Karen Lund $5,200,000 and the Estate of Ted Lund $3,710,000, for a combined total of $9,467,389.
Terri Lynn Runft (242 Fire)
The jury awarded Terri Lynn Runft $264,691 in economic damages and $5,920,000 in noneconomic damages, totaling $6,184,691.
Katherine Stenberg (Echo Mountain Complex Fire)
The jury awarded Katherine Stenberg $403,992 in economic damages and $5,500,000 in noneconomic damages, totaling $5,903,992.
Christopher Sutherlin and Stacey Sutherlin (Echo Mountain Complex Fire)
The jury awarded the Sutherlins $864,391 in joint economic damages. For noneconomic damages, the jury awarded Christopher Sutherlin $2,670,000 and Stacey Sutherlin $1,690,000, bringing the Sutherlins' combined total to $5,224,391.
The total verdict across all seven Plaintiffs reached $38,629,961.
Court documents are available upon request at [email protected]
