Reporter for The Canyon Weekly
The families of four people killed in the Santiam Fire have settled wrongful death lawsuits with PacifiCorp for undisclosed sums over the 2020 Labor Day fires.
On Wednesday, June 26, attorney John Coletti confirmed the families of Peggy Mosso, 71, and grandson Wyatt Tofte, 13, and of Cathy Cook, 71, and son Justin Cook, 41, reached confidential settlements with the company.
Coletti said his clients did not have any further comment.
PacifiCorp was also approached for comment by email and did not respond by press time.
The cases had been scheduled for 10-day trials this summer, with the Mossos and Toftes in July and the Cooks in August. The families filed separate lawsuits in Multnomah County Circuit Court Sept. 15, 2021, claiming PacifiCorp equipment caused the fire during high heat and wind on Sept. 7, 2020. The Mosso and Tofte families were seeking $540 million and the Cook family was seeking $240 million.
PacifiCorp denied wrongdoing, claiming the deaths were the results of the lightning-caused Beachie Creek Fire, and also claiming co-defendants bore responsibility.
Consumers Power, Inc., was also accused of causing the fire through damaged equipment. In April plaintiffs voluntarily dismissed these claims without settlement.
Plaintiffs also sued Marion County, Stayton Fire District and METCOM, claiming these parties failed to evacuate residents in a timely manner. Claims against METCOM and Stayton Fire District were dismissed by the court in 2023, while plaintiffs voluntarily dismissed claims against the county June 7 without settlement.
Both families lived along North Fork Road, outside Lyons, when fire swept through the region.
According to court records, Tofte was seen fleeing their residence with the family dog by his mother, Angela Mosso, while she believed her mother Peggy Mosso did not flee in time. Angela Mosso was herself burned beyond recognition in the fire, said the suit.
On Sept. 9, 2020, the remains of Peggy Mosso, Tofte and their dog were found in what was left of their house, all three having burned to death. It is believed Wyatt Tofte had gone back to help his grandmother.
Cathy and Justin Cook allegedly did not receive a mandatory evacuation notice issued by Marion County shortly after midnight Sept. 8, 2020, according to the suit. They said they expected a knock at their door for a mandatory evacuation and instead the notice was posted on Facebook, which they could not access as the fire had cut power and cell service.
On Sept. 13, 2020, the remains of the Cooks were discovered, and the suit said they had burned to death.
A fifth resident of North Fork Road, George Atiyeh, 72, was also killed in the fire, with his remains found Sept. 17, 2020. His survivors did not pursue litigation against PacifiCorp.
Prior to the settlements, plaintiffs had filed motions for summary judgment Feb. 1 against PacifiCorp, arguing the company had already been found liable for the fires in a related lawsuit.
On June 12, 2023, in a trial for James et al vs. PacifiCorp, a jury found PacifiCorp had negligently and willfully caused the fires by refusing to de-energize its equipment during a historic windstorm.
The jury’s decision found PacifiCorp liable for damages to an entire class of fire survivors, including survivors of the Santiam Fire.
Plaintiffs argued they belonged to the class and therefore PacifiCorp was liable to them for damages, and asked the court for judgment in their favor. A hearing on the motions was scheduled for June 24, which was canceled after the court was notified of the settlements.
