A family whose home was destroyed by the January 9, 2018 Montecito mudslides filed a lawsuit today against Southern California Edison (SCE). The lawsuit alleges the company knowingly and continually violated safety procedures, which lead to the Thomas Fire and the resulting mudslides that tore through their home (William Levy et. al vs. Southern California Edison, Edison International, Santa Barbara Superior Court, March 1, 2018, Case No. 18CV01049).
William and Laura Levy, their adult daughter Renee Hazelton and their young granddaughter lived in a home on East Valley Road in Montecito. The home was not in a mandatory evacuation zone when the mudslides hit. On the night of January 9, they awoke to the bright lights of a gas explosion and through their windows could see a river of water and mud raging through their neighborhood. They immediately called 911. For several hours they sought refuge on the second floor of their home, while the mud poured through the first floor. Late the next afternoon, after watching the houses around them destroyed by mud, debris and boulders, the Levys and their granddaughter were escorted by rescue workers through deep mud to safety. Renee Hazelton is a heart transplant recipient, and in order to avoid infection from the toxic mud, she had to be helicoptered from the roof of the home.
“The Levy family lost all of their personal belongings, three cars, furniture, jewelry and personal records. Many photos and cherished mementos are gone and irreplaceable,” says A. Barry Cappello, managing partner of Cappello & Noël LLP, one of the firms representing the plaintiffs. “The family is traumatized. They watched for hours as the homes around them were destroyed. They thought their home was next—with them inside.”
The family is currently in temporary lodging after being displaced
The lawsuit is alleging that the Thomas Fire and resulting mudslides were “a direct, legal and proximate result” of SCE’s failure “to properly construct, inspect, repair, maintain, manage and/or operate its power lines and/or other electrical equipment.” As alleged in the complaint, “SCE knew about the risk of wildfires especially in the area of the Thomas Fire,” says Lawrence J. Conlan, a partner at Cappello & Noël who is working on the case. “Instead of taking steps to reduce that risk by implementing proper vegetation management programs and upgrading its equipment and aging infrastructure, it chose to do nothing. By its inaction, it has forever devastated people’s lives.”
The plaintiffs are seeking compensation for costs of repair, replacement of damaged, destroyed and lost personal property; loss of use, benefit, goodwill and enjoyment of property; serious emotional distress as well as other damages.
Also representing the plaintiffs along with Cappello & Noël is the law firm of Lieff Cabraser Heimann & Bernstein, LLP. Both firms have also filed a class action lawsuit against SCE and Edison International.
