Jackson to head up legal team for fire victims

Fallbrook attorney Robert W. Jackson disclosed on February 13 that he and a team of legal experts he has hand-selected from throughout the county will represent victims of the Rice Fire in what will most likely be a Mass Tort Class Action lawsuit, with the intention of proving San Diego Gas & Electric Company’s liability in the tragedy.

Jackson, winner of the Outstanding Trial Lawyer Award in 2003 and Outstanding Advocacy Award in 2002, has been contacted by between 30 and 40 fire victims since the October 2007 incident. He said a great deal of thought, research and investigation has gone into determining how best to approach the situation.

“This is my community, and in order to help the victims, I have had to think out a plan, a strategy, to get compensation for these folks,” Jackson said. “None of [the victims] are being made whole; many are underinsured. This route can provide a glimmer of hope.”

Through a Mass Tort Class Action, Jackson’s legal team will endeavor to prove the rights of and compensation for, if any, the group of people who were victims of the (Rice Canyon) fire. This can include compensation for property loss as well as emotional damages.

Jackson said there are many aspects to consider when approaching a group action. “It is not important to be the first [to file a suit]; what’s important is to do what’s right,” he said.

Because the suit is expected to be aimed at San Diego Gas & Electric, expert witnesses will likely play a key role in investigating and reviewing the effectiveness and safety in how the company’s electrical wires are attached to the power poles, the fastening devices used and more. Members of the team said experts will most assuredly delve thoroughly into the origin of the fire.

In Jackson’s opinion, a hand-picked legal team was a must for two specific reasons: to secure the support and talent of some of the county’s finest consumer trial lawyers due to the complexity of the case and to ensure a substantial amount of financial backing for expenses that are expected to be incurred in preparing the case.

Jackson said the team has “accumulated a war chest” for the legal fight.

“We know we have to finance this,” said attorney L. Tracee Lorens, who, in the past, has earned the Outstanding Trail Lawyer Award and Outstanding Advocacy Award, in addition to being recognized by the California State Senate for her accomplishments.

Lorens serves on the Trail Lawyers Association board of directors with Jackson.

“After everything that has gone on, most [fire victims] don’t have any money to put forward,” said Lorens. “We will work on a contingency, so people don’t have to pay a penny.”

Wayne Alan Hughes, another team member, who has a background as a highly successful plaintiff trial lawyer, said he expects the man hours and expenses to be significant.

“I am expecting a minimum of 12,000 man hours and over $500,000 in expenses will go into this,” Hughes said. “If one individual were to sue [them], they would be buried by the defense.”

Jackson, Lorens and Hughes agreed that they expect San Diego Gas & Electric to “bring everyone in” to the suit, meaning vendors, subcontractors and any other entity that provides goods or services relating to the subject matter.

“They will point in as many directions as they can,” said Lorens. “That’s what will make this fight expensive.”

Rounding out the legal team are Debra L. Hurst, another winner of the Outstanding Trial Lawyer Award, who also has background as a defense attorney for insurance companies, and Carla McDonald, an attorney who works with Jackson in his Fallbrook office.

Members of the team encourage fire victims to come forward, share information with them and learn more about the plan.

“If you have costs that you are worried you are not going to be compensated for, talk to Robert [Jackson],” Lorens said. “The most important thing is to talk to someone before you sign anything. Even if you have already settled with an insurance company and signed a document, you still have rights.”

The attorneys also advised fire victims to seek advice other than from their respective insurance companies.

“You can’t always accept the representation of an insurance company,” they agreed. In particular, it was mentioned that the emotional loss many suffered – either through sentimental items or the stress of the situation – must be represented.

“The last thing people want to talk about is the emotional loss of certain personal property,” McDonald said, adding that victims should make a list of all items lost, regardless of whether financial value is attached to each item.

“You can’t replace the significance of certain things,” Hughes added. “We need to learn each victim’s individual story. You don’t realize the effect things like this have on you. When your privacy and security have been invaded, you are never able to recapture your security.”

In addition, Hughes said emotional distress is certain in a situation like this.

“Emotional distress is a big item,” he said. “I’m proud that all the people involved in this are aggressive advocates.”

Hughes said he was pleased to see that Jackson recognized the unique problems associated with the case.

“He knew he needed to put this team together to take good care of people,” Hughes said. “He now has the manpower and the resources to retain the best experts.”

Jackson agreed that developing the team was the right choice. “The members of this team bring a unique perspective and an incredible background,” he said.

When asked how long the legal action could take to eventually resolve, Lorens said, “It can be one year or ten. The average is two to four years, because these cases tend to move slowly.”

Rice Fire victims interested in more information are advised to contact the law office of Robert Jackson before April 1 at (760) 723-1295 or (800) 844-1998.

The office is located at 205 West Alvarado Street, Fallbrook. Bilingual (Spanish) assistance is available.