PG&E loses gambit to avoid California’s inverse condemnation rulesNov. 27, 2019: “Pacific Gas and Electric Co.’s bankruptcy judge has rejected the utility’s attempt to reduce its liability for the 2017 and 2018 wildfires by circumventing a tough California legal doctrine.” Continue reading on www.sfchronicle.com The post PG&E loses gambit to avoid California’s inverse condemnation rules appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/pge-loses-gambit-to-avoid-californias-inverse-condemnation-rules/
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Paradise Residents Still Can’t Drink the WaterSep. 30, 2019: “Since last November, when the Camp Fire almost completely destroyed the town of Paradise, the cancer-causing chemical benzene has tainted the town’s water, leaving it undrinkable. Now an independent team of scientists will begin testing for the carcinogen and other pollutants inside the houses that the fire left standing.” Continue reading on www.kqed.org The post Paradise Residents Still Can’t Drink the Water appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/paradise-residents-still-cant-drink-the-water/ New data shows surge in home prices following Camp FireOct. 2, 2019: “The anniversary of the Camp Fire is less than a month away and now, new data reveals just how much average home prices went up since the fire.” Continue reading on www.abc10.com The post New data shows surge in home prices following Camp Fire appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/new-data-shows-surge-in-home-prices-following-camp-fire/ Access to health care was already difficult before the Camp Fire according to new assessment10/17/2019 Access to health care was already difficult before the Camp Fire, according to new assessmentSep. 20, 2019: “Laurie Heer injured her shoulder when her dog panicked while they evacuated during the Camp Fire. But she couldn’t find her Paradise doctor to prescribe her pain medication and get her on the path for surgery for several months. Now she’s struggling to pay for gas to drive from Lime Saddle Campground, where she’s temporarily living, to Chico every week for appointments with a physical therapist and a psychiatrist. Her dentist has a seemingly interminable waitlist.” Continue reading on www.paradisepost.com The post Access to health care was already difficult before the Camp Fire, according to new assessment appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/access-to-health-care-was-already-difficult-before-the-camp-fire-according-to-new-assessment/ Dont be Fooled: PG&E $11 Billion Settlement Over the Butte County Camp Fire Not What It Seems9/20/2019 Camp Fire victims being shorted, an unlikely duo has teamed up for a hostile company takeover, and a whole lot of people wondering what’s going on with the PG & E settlement. To untangle the mess, this article will go over what’s going on, when things happened, and we will also do our best to explain why they happened. Starting off, let’s talk about the claim amounts. Victims claim PG & E owes $54 billion. PG & E claims that it could only owe $30 billion. The September 9th Plan offers $17.9 billion. To date, they have negotiated $12 billion in settlements, with $11 billion going to insurance companies and $1 billion going to government entities. They’re trying to settle the rest, with the victims, for $8.4 billion. Next, there are 3 major “groups” involved with the PG & E lawsuit.
Now we’ll talk about the events and how the developed. September 9: The chaos started with PG & E unveiling their plans for a company reorganization that would pay out $17.9 billion – slightly over half of the initial amount of claims. $8.4 billion would be for wildfire victims, $8.5 billion for insurance companies, and $1 billion for local government entities. Right off the bat, it’s easy to see why both insurance companies and individual plaintiffs were upset – the compensation was just too little compared to the damages. September 13th: PG & E announces an $11 billion settlement with insurance groups. This settlement is the second , with the first one being $1 billion to government entities, and is for an insurance group that represents around 85% of the claims for the both the Butte County Camp Fire of 2018 and the Northern California fires of 2017. While some are happy, others aren’t. In a statement from the Ad Hoc Subrogation Group, they’re expecting this initial settlement to “pave the way for a plan of reorganization that allows PG & E to fairly compensate all victims and emerge from the Chapter 11 by the June 2020 legislative deadline”. With the individual victims, all parties were outraged. According to California law, the victims are to be compensated first, and attorneys feel that PG & E is instead putting insurance companies ahead of the victims. with the settlement and the plan. Attorneys are now furiously battling in the bankruptcy courts as the deal will require sign off from US Bankruptcy Judge Dennis Montali. These series of events then leads us to third major development, the hostile takeover of PG & E. For those who aren’t familiar, a hostile takeover is when “Company A” goes directly to the shareholders of “Company B” in order to buy enough shares to take over “Company B”. What makes it hostile is that “Company B” does not want this to happen. In this case, the various wildfire victims that felt shorted, joined forces with Wall-street hedge funds in an attempt to takeover PG & E and plan out a more fair settlement that would include $24 billion to a trust responsible for paying off the wildfire liabilities. The payout would be a mix of both cash and PG & E stock. The stakes are higher than ever as victims of the wildfires are running out of time to get their claims in. If you or someone you know were a victim to the Butte County Camp Fires or the Nor Cal wildfires, please contact our award winning attorneys immediately for a free consultation at 559-449-1800. Once again, time is running out and there are only days left. Do not hesitate. The post Don’t be Fooled: PG&E $11 Billion Settlement Over the Butte County Camp Fire Not What It Seems appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/dont-be-fooled-pge-11-billion-settlement-over-the-butte-county-camp-fire-not-what-it-seems/ The Conception Dive Boat Fire LawsuitOn September 2nd, 2019, California suffered one of the worst maritime recreational disasters in history. Truth Aquatics sent out their dive boat, the Conception, for what was supposed to be another normal dive trip. However, off the coast of Santa Cruz island, the Conception, the divers, and the crew, were struck by an unexpected fire. The 33 passengers and 1 crew member beneath the deck did not survive. Having helped over 300 fire victims across California, the question that the Scuba Diving Certified attorneys at WJKA are trying to answer include: who is at fault, why did this happen and did people really have to die? Just because a boat fire happened, does not mean that people had to die. There are supposed to be safety checks in place to prevent this from happening. We are investigating the origins of the fire and what was responsible for the death of the passengers. Was it gas? Was it fire? Was it the blast from an explosion? And what caused the fire? Was it a gas leak coupled with an ignition point? Was the Conception equipped to detect a gas leak? Should the boat have been equipped with leak detection systems? The attorneys at Wagner and Jones are looking at all of the possible factors:
Truth Aquatics Trying to Evade the Conception Dive Boat Fire LawsuitTruth Aquatics, in an effort to walk away with minimal losses, filed a lawsuit with the U.S District Court in LA using an antiquated maritime law from 1851. If successful, this law would limit Truth Aquatic’s liability to the just the remains of The Conception (which has been declared a total loss). To sum up what this means: Truth Aquatics is trying to limit their liability for the Conception Dive Boat Fire Lawsuit down to $0. Due to this filing, families and victims now only have 6 months to bring forth their cases. In order for their filing to go through, the owners of Truth Aquatics, Glen & Dana Fritzler have to show that the boat was seaworthy, properly maintained, and that and they were not at fault for the Conception dive boat fire. However, the Scuba Diving certified attorneys and Wagner and Jones believe there’s a strong case for negligence and that there is a way around the historic maritime law. A Personal Message From Our AttorneysCoping with the loss of a loved one can be one of the most trying times of your life. When your family member’s death was caused by another party’s negligence or wrongdoing, the grieving process only intensifies. You may have the right to file a wrongful death lawsuit and receive the closure and financial compensation to which you and your family are entitled. Wagner, Jones, Kopfman, and Artenian are experienced attorneys who currently represent over 300 fire victims. Our certified scuba diving lawyers will help you through this difficult process. Contact WJKA to receive a free consultation today. What Happened With the Conception Dive Boat Fire?The flames erupted early in the morning of Sept 2, 2019. At 3:30 AM, the U.S Coast Guard heard the mayday calls from the conception dive boat. However, by the time they arrived, it was already too late. The 5 crew members who were above deck when the fire erupted managed to escape. The other 34 members, below and the deck and asleep, did not make it out. “This is probably the worst-case scenario you can have,” said Santa Barbara County Sheriff Bill Brown. “It’s a vessel on the open sea in the middle of the night; it’s 3:30 in the morning … The sleeping compartment is on the bottom of the ship and they would be sound asleep … You couldn’t ask for a worse situation.” How the Surviving Crew Members of The Conception Dive Boat Fire RespondedAccording to the local Santa Barbara news outlet, Noozhawk, 4 out of 5 of the surviving crew members of the Conception dive boat were administered alcohol tests, which they passed, as well as drug tests. The fifth member was not able to be tested as they were hospitalized. It is expected that the preliminary report from the crew members will be released on September 14th, detailing their accounts of the events. According to investigators from the National Transportation Safety Board (NTSB), the crew members were all cooperative. The NTSB is collecting and analyzing all documents and resources in regards to the Conception dive boat fire including the inspection history, training procedures and documents, maintenance records, the mayday call recorded by the Cost Guard, and any manuals. Surprisingly, the Conception did not have a sprinkler system in case of a fire because the boat was not big enough to require one. Wagner Jones, California Boating Accident LawyerThe attorneys at Wagner and Jones, all scuba-diving certified, are looking into several key areas that could have been the cause of the Conception dive boat fire. These include:
The floor plan for the Conception dive boat, provided by Truth Aquatics, shows that there was only 1 staircase exit to the galley from below the deck. If the fire happened near that staircase, then everyone would have been fatally trapped and explains why the crew couldn’t rescue anyone. According to the schematic, the only systematized fire suppression system was located in the engine room – did this mean, other than by fire extinguisher, that the vessel had no other way of dealing with fires? To make matters worse, during the NTSB investigation, Jennifer Homendy decided to inspection the Vision, a similar scuba diving boat. What she found was astonishing. With the lights on, only 1 person could have escaped at a time. With the lights off, which was the case for the Conception during the fire, she had an extremely difficult time locating the hatch and even harder time finding the light switch. This was only with her team. Imagining the chaos and panic of 34 people trapped in a flaming boat, in the dark, would have dramatically amplified the difficulty of finding the escape hatch and lights. According to news sources, both the hatch and the galley staircase were quickly engulfed in flames, preventing the escape of anyone below the deck. What caused the Conception Dive Boat Fire?Because investigations are underway, it’s likely that we won’t know the official cause for a few months. The Santa Barbara County Sheriff has teamed up with the NTSB and are investigating the Conception Dive Boat Fire. However, based on available information, it appears that the “fire” was not a fire, but was instead an explosion. This explains how the flames spread so quickly. The Santa Barbara Conception Boat Fire VictimsIn order to respect the families of the victims, we will not be publishing the names of the conception boat fire victims on our website. However, CNN has been authorized to share a few of them. Coverage of the Conception Boat FireThe post The Conception Dive Boat Fire Lawsuit appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/the-conception-dive-boat-fire-lawsuit/ The Carr Fire IncidentThe Carr Fire was one of the large wildfire incidents that occurred in California in 2018. With a burn area that spans Shasta and Trinity Counties, it eventually became the 7th largest wildfire in the state. Carr Fire also became the seventh most destructive wildfire in California history costing a total of $1.66 billion in damages, with $1.5 billion in insured losses and $158 million for the fire control efforts. During the peak of the fire control efforts, Carr Fire engaged more than 4,700 firefighting personnel from CAL FIRE Shasta-Trinity Unit, US Forest Service and NPS Whiskeytown National Recreation Area. The wildfire, which was first reported on July 2018, caused the evacuation of nearly 40,000 people from the city of Redding. People in Summit City Shasta Lake, Igo, Keswick, Lewiston and French Gulch were also evacuated. Carr Fire left eight people dead, three of whom were firefighters. If you or someone you know was affected by one of these fires, make sure to contact our California wildfire lawyers for a free consultation. How It Started The first reports of what would eventually become Carr Fire came it in July 23, 2018 at 1:28 pm. Reports indicate that the ignition point was at the intersection of Carr Powerhouse Road and Highway 299 in the Whiskeytown District of Shasta County. Further investigations revealed that a vehicle that was towing a dual-axle travel trailer accidentally caused the fire. As it reached the intersection, one of the tires of the trailer blew out. The steel rim scraped the pavement and created sparks that jumped on and ignited the dry brush along the side of the highway. Related Articles: California’s Alder Wildfire, Butte County Camp Fire The prevailing hot weather, topography and winds caused the fire to spread rapidly. During the previous week, the weather in Redding reached 113 according the National Weather Service. The inaccessible terrain and the area’s unusual topography made the containment efforts difficult for the responding firefighters as they scrambled to fortify containment lines. Highway 299 was immediately closed and mandatory evacuation started in French Gulch. Carr Fire Spreads By July 26, the burn area of Carr Fire grew from 1,500 acres by the day’s end in July 23 to more than 20,000 acres. A huge fire whirl that some experts refer to as a “firenado” developed as Carr Fire razed through Redding City. Reaching a maximum height of 18,000 feet, the firenado inflicted tornado-like damage felling transmission lines, uprooting trees and shredding foliage as it spread more fire along its path. The burn area further spread to more than 100,000 acres by July 31, but the wildfire’s containment was only at 30 percent. Challenging terrain and more dry fuel on the wildfire’s path, along with strong winds made it difficult for firefighters to control the fire. By August 4, the burn area was estimated to have grown to more than 145,000. The eight and last fatality of Carr Fire was reported on August 9 as it grew to more than 178,000 acres. Aftermath On the evening of August 30, 2018, fire officials reported that Carr Fire was 100% contained. The wildfire had left a burn area measuring more than 229,000 acres and razing 1,000 homes, 500 outbuildings and 21 commercial structures to the ground. At the height of Carr Fire, some 55,000 people were evacuated from their homes in Shasta and Trinity counties. The post The Carr Fire Incident appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/carr-wildfire/ The California Alder WildfireMost people view wildfires as deadly no thanks in part to the news media who prefer to highlight those that are frighteningly destructive and deadly. However, there are instances when ecological fire or wildfires are beneficial because of its positive contribution to the ecosystem both within the burn area and its vicinity. This article will focus on two Alder wildfires. one of which occurred during the destructive and deadly 2018 wildfire season in California. The other Alder wildfire occurred in Arizona’s Coconino National Forest in 2018. If you know someone who has been a victim to a wildfire, have them contact our California wildfire lawyers for a free consultation. California Alder Fire of 2018The year 2018 saw the most destructive and deadliest season in California’s recorded history. The Mendocino Complex Fire became the largest wildfire with a burn area of more than 460,000. With more than $16 billion in damages and more than 80 fatalities, the Butte County Camp Fire became the state’s worst wildfire ever. As these wildfires grabbed the headlines, beneficial wildfires such as the Alder Fire did not get much attention. Alder fire was caused by a lightning strike on October 4, 2018 at around midnight. The ignition point was five miles north of Camp Nelson in Giant Sequoia National Monument. Two other fires were also ignited within the vicinity of Alder Fire. These were the Mountaineer, half-a-mile east of Alder Fire and Moses Fires, one mile south of Moses Mountain. Alder Fire, along with Mountaineer and Moses Fires continued to smolder for the next two months. Firefighters were successful in directing the wildfire towards an area with an extensive tree mortality and heavy fuels on the ground. Moses Fire on the other hand, burned through a patch of timber near a rocky area. By December 17, 2018, all of the fires were declared out. Alder Fire left a burn area of more than 4,600 acres, while Mountaineer and Moses fires burned through 1,270 and 19 acres respectively. These fires burned through an area with heavy fuel loads and standing dead trees called snags. Clearing these types of fuels and hazards, will pave the way for newer growth, limit the fuel for future fires and make future wildfire containment easier for firefighters. Arizona Alder Fire of 2018The Alder prescribed fire in 2018 started in a logging area in May 11, 2018 where it quickly spread through a timber pile. Wind drove and pushed the blaze into Ponderosa pine trees and further fueled it with an undergrowth of grass, gamble oak and small aspen. Within 20 minutes, the fire grew from half-an acre to over 20 acres, burning through more trees as fire crews arrived. The firefighters, however, were able to manage and control the fire within a few days and completed mopping up operations on May 14, 2018. The success and ease of managing the Alder Fire of 2018 was attributed to a previously prescribed fire to reduce fuel loads in the area. These two wildfires are good examples of beneficial wildfires. Such fires are needed to maintain the balance in the ecosystem, mitigate the dangers of future wildfires, and provide firefighters and residents with additional protection. The post The California Alder Wildfire appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/california-alder-wildfire/ The California Nurse Fire IncidentThe Nurse Fire Incident refers to the blaze that broke out in November 8, 2018 Thursday at around 12 pm in Solano County, CA. This brush fire got its name from the location of its starting point, which witnesses said was near Nurse Slough, east of Saisun City. While the blaze never threatened the city, its severity reached multiple-alarm levels as it blazed through Rio Vista, south of Travis Air Force Base. Firefighters were able to achieve 90% containment by the following day even though it took 33 days for them to extinguish Nurse Fire completely. Have you been a victim? Make sure to contact one of our California wildfire lawyers for a free consultation. How it StartedSolano County Sheriff’s Office reports that Nurse Fire was sparked when a commercial trailer caught fire as it was plying State Route 12 near Nurse Slough past 12 noon. Within an hour, the wind had already blown the flames into nearby fields. Solano County Firefighters were immediately dispatched to the area. The Solano County Office of Emergency Services said that upon reaching the area, the crews immediately worked to redirect the fire into the burn scar of the earlier Branscombe Fire. This decision was made to ensure that there were no fuels to keep the brush fire going. By 3:30 in the afternoon, the firefighters were still directing the blaze away from Highway 12 and toward to Grizzly Island Road. Officials from the Saisun Fire Protection District estimated the level of containment at around 60 percent at that point. Related articles: Camp Fire in Butte County: What it All Means, Eden Wildfire Extent of Damage and AftermathNurse Fire prompted a large response in Solano County, with the Saisun City Fire Protection Unit heading the firefighting efforts. By 3 pm the following day, the fire dispatchers report that an 8th alarm was sounded. However, it was clear by that time that the brush fire was already under control and 90% contained. The brush fire backed up traffic into Saisun City while it was raging. CHP officials momentarily blocked access to eastbound highway lanes along Walters Road and the westbound lanes along Denverton Road in the county. Initial estimates by the California Department of Forestry and Fire Protection or CAL FIRE places the acres burned by Nurse Fire at 2,500. Later investigations revealed, however, that the acres burned was a relatively smaller area of 1,500. Although the fire reached the 8th alarm, there were no evacuation orders, no infrastructure came under threat and there were no report of injuries. The California fire agency did not commit any resources to fighting Nurse Fire, despite its size because it occurred on county land. CAL FIRE is responsible for protecting State Responsibility Areas of the state, which covers more than 30 million acres. California WildfiresDue to its climate and geographical features, California can produce small to highly destructive wildfires. The state has a year-round dry, hot and windy climate that runs from spring to late autumn. A small camp or brush fire during these months can easily escalate and become huge wildfires as dry winds, which are also known as Diablo winds fan and further spread the blaze. At the same time that Nurse Fire was raging, another exponentially larger firestorm was also raging in Northern California. The Butte County Camp Fire became the largest, deadliest and most destructive wildfire in the history of California scorching more than 150,000 acres of land, killing 85 people and leaving $16 billion in damages in its wake.
The post Nurse Fire appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/nurse-fire/ PG&E creates $105 million wildfire assistance fund to help fire survivorsMay 22, 2019: “CALIFORNIA – In a press release, PG&E Spokesperson Paul Moreno announced that PG&E worked with a bankruptcy court to create a $105 million emergency housing fund to benefit survivors of the Camp Fire and the 2017 Northern California wildfires.” Continue reading on www.actionnewsnow.com The post PG&E creates $105 million wildfire assistance fund to help fire survivors appeared first on WAGNER, JONES, KOPFMAN & ARTENIAN. from https://wagnerjones.com/pge-creates-105-million-wildfire-assistance-fund-to-help-fire-survivors/ |