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Lawsuit filed against SDG&E on behalf of fire victims : Community meeting scheduled for July 8

A team of legal experts, led by Fallbrook attorney Robert W. Jackson, filed a mass tort lawsuit on June 3 on behalf of 180 adults and children who suffered losses due to the Rice Canyon Fire last October.

The suit, filed against San Diego Gas & Electric Company (SDG&E) and its parent company Sempra Energy, claims SDG&E was negligent and violated public utility codes – in particular, not keeping trees trimmed adequately near high-voltage power lines, causing the firestorm.

“Our experts have been to the site of [the fire’s] origin,” said Debra L. Hurst, one of the trail lawyers on Jackson’s legal team. “There is no question; we have pinpointed the exact tree that caught on fire.”

That SDG&E is liable for damages relating to the fire, Jackson is confident.

“[SDG&E and other utility companies] are given a monopoly,” she said. “[Maintenance] is built into their rate structure. There is an implied promise that they will maintain their lines in a safe manner.”

Specific safety measures are stipulated by law.

“SDG&E had a legal obligation to keep their lines clear of vegetation at least four feet from the arc of the wire,” Hurst said. “You can see that the

is under the lines, not at the conductor site. We intend to establish proof, through evidence, of ‘negligence per se.’”

In the lawsuit, it states that weather conditions at the time of the fire were “anticipated and prevailing, known well in advance by [SDG&E].”

It is Cal Fire that Jackson and his team has to thank for the evidence necessary to determine the fire’s origin. “We have a debt of gratitude to Cal Fire for preserving the evidence at the origin of the Rice [Canyon] Fire,” he said.

Jackson, Hurst, L. Tracee Lorens and Wayne Alan Hughes are the well-respected trial attorneys who will wage the fight against the major utility company with every intention of being successful and helping victims restore their lives. Jackson’s in-house associate, Carla McDonald, will assist significantly with the case.

“We have met with each and every victim,” Jackson said. “Their stories have been heart-wrenching. Hearing the breadth of loss these people have had to endure is a real testament to human courage.”

The loss of homes, property, personal possessions, livestock and pets, income and profits and emotional suffering relating to the Rice Canyon Fire has been staggering, he noted.

“It’s hard to imagine having your home and lifelong possessions one day and waking up the next day and everything being gone,” Jackson said.

The legal team was pleased to hear that Judge Richard Strauss will be hearing the case. “[Strauss] has the respect of the plaintiffs and defense,” Jackson said, noting that the judge has significant experience in mass tort and complex litigation cases.

“[Strauss] has some stature in the judicial community; if some hard calls have to be made <against SDG&E>, he can do it; he has a lot of strength of character,” Hurst added.

The attorneys representing the fire victims have a meeting of counsel on July 10 to work out a case management plan, followed by a court appearance scheduled for August 1 to finalize the case management order.

Talking with Jackson’s team, it is obvious they gave a great deal of thought on how to best approach the situation in order to secure adequate financial compensation to help restore the victims’ lives. Many of the victims were uninsured, underinsured and/or have losses that are not covered by any insurance policy.

While a few fire victims filed lawsuits prior to this one, Jackson said he worries they acted in haste and hopes, if they filed class action suits, they don’t become victims of the system.

“Class actions are more limiting for recovery versus mass tort,” Jackson explained.

Jackson and his team will hold a community meeting to discuss the status of the proceedings on the action he is spearheading on Tuesday, July 8, at 5 p.m. in the community meeting room of the Fallbrook Public Utility District.

When asked if additional victims still have an opportunity to come forward and be included in the lawsuit, Jackson said, “We can add additional victims, but the window of time to add them is closing. We need to have them brought in within the next 60 days.”

Jackson estimates that his team will provide more than 12,000 man hours and absorb close to $500,000 in expenses to bring it to a successful resolution.

“There is strength in numbers,” Jackson said. “It’s rewarding to see that the community has come together on this.”

Robert Jackson can be reached by calling (760) 723-1295 or (800) 844-1998.

Jackson has earned awards including Outstanding Trial Lawyer (2003) and Outstanding Advocacy Award (2002); L. Tracee Lorens has received Trial Lawyer of the Year (1998), California Lawyer of the Year (2003), Outstanding Trial Lawyer (three times), Outstanding Advocacy Award and been recognized by the California State Senate for her accomplishments; Debra L. Hurst has also earned Outstanding Trial Lawyer. Jackson, Lorens and Hurst all currently serve on the Consumer Attorneys of San Diego (Trial Lawyers Association) board of directors.

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