Settlement Status
On April 24, 2025, following multiple mediation sessions and related negotiations with opposing counsel, the “Van Dyke plaintiffs” represented by Keller Rohrback L.L.P. reached an agreement to settle their claims with defendants Avista Corporation and CN Utility Consulting, Inc. (“CNUC”). On June 16, 2025, the parties stipulated to dismissal of the case.
Case Overview
On April 8, 2022, Keller Rohrback filed a class action lawsuit against Avista Corporation for the damage to property caused by the 2020 Babb Road fire, which largely destroyed the towns of Malden and Pine City in Whitman County, Washington. The complaint alleged the fire was caused by the power company’s negligence when wind toppled part of a diseased Ponderosa pine, which struck an energized power line that ignited a fire in Eastern Washington during Labor Day weekend of 2020. The lawsuit was filed in Spokane County Superior Court of Washington on behalf of Plaintiffs Kevin Van Dyke, Heather Van Dyke, and Gary Dean Cannon and a proposed class of other fire victims.
On July 18, 2022, all the Babb Road fire cases, including Van Dyke et al. v. Avista Corp., were consolidated for discovery and pre-trial purposes under the lead case Blakely et al. v. Avista Corp., Case No. 22-2-00968-32.
Defendant Avista filed a motion to dismiss the inverse condemnation claims on September 16, 2022 in the consolidated case. After the motion was fully briefed, a hearing was held before the Honorable Annette S. Plese on October 14, 2022. Judge Plese’s October 25, 2022 order denied Defendant Avista’s motion to dismiss.
On April 6, 2023, Keller Rohrback filed an Amended Complaint in the Van Dyke et al. v. Avista case. Additional Defendants, CN Utility Consulting, Inc. (“CNUC”), Asplundh Tree Expert, LLC (“Asplundh”) and Does 1-10 were added. CNUC contracted with Avista to provide consulting services and maintain the power distribution lines. Asplundh contracted with Avista to maintain the vegetation and trees around the power distribution lines. The class action claims were removed from the Amended Complaint and nine plaintiffs were added to the Amended Complaint who sought compensation for their damages and losses from this devastating and preventable fire.
On March 7, 2025, Keller Rohrback filed a Second Amended Complaint, adding four additional plaintiffs. The case was scheduled to go to trial in May 2025, but the parties reached a settlement agreement in April 2025.
Please see the documents section below for additional information in this action.
In the News:
Seattle Times: A year after fire destroyed Malden, a grieving town slowly rebuilds
KUOW: A wildfire burned 85% of this Washington town. This is their recovery story.
KREM2: DNR report: Babb Fire was sparked by branch from diseased tree that fell on powerline
Lewiston Tribune: Dozens file suit against Avista after devastating fire in 2020
KREM2: Lawsuit filed against Avista for 'negligence' in Babb Road Fire
KXLY: Malden, Pine City families sue Avista for damages from Babb Road Fire
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