Family of Eaton fire victim sues Southern California Edison for wrongful death
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The family of an Eaton fire victim is suing Southern California Edison for wrongful death, alleging that the utility company’s negligence is to blame for the devastating blaze that killed 59-year-old Evelyn McClendon.
The lawsuit alleges that Edison failed to turn off utilities despite clear warning about extremely dangerous fire conditions, leading to catastrophic consequences. The Eaton fire has killed at least 16 people and damaged or destroyed more than 7,000 structures.
Its cause remains under investigation. Many have been quick to point blame at Edison, however, following video evidence that appears to show the fire starting under one of the utility’s transmission towers in Eaton Canyon on Jan. 7.
Investigators looking into the cause of the devastating Eaton fire have been studying the site around an electrical tower in Eaton Canton. Residents took photos of the early moments of the fire and believe it started there.
“We don’t take lightly the responsibility of making sure that this Black angel Evelyn McClendon gets full justice and accountability,” attorney Ben Crump said at a Wednesday news conference. “We want them to know that her life matters, and we will fight to make sure she gets everything allowed by the law to say that her death will not be in vain.”
At least four other lawsuits have been filed on behalf of Altadena residents who had to evacuate their houses or lost their homes in the Eaton fire, also blaming the utility for the blaze.
“Our hearts remain with our communities during the devastating fires in Southern California, and we remain committed to supporting them through this difficult time,” said a Southern California Edison spokesperson. “SCE understands that lawsuits related to the Eaton fire have been filed. SCE will review them. The cause of the fire continues to be under investigation.”
McClendon was a former Pasadena public school bus driver and part of a multi-generational Altadena family.
“Evelyn, she’s just a wonderful person who never harmed, never got in trouble, never did anything wrong,” said her brother Zaire Calvin, holding back tears at the news conference.
Calvin lived next door to McClendon. He has said he was so busy trying to help their 84-year-old mother evacuate, as well as his wife and 1-year-old daughter, that he didn’t have a chance to check on his sister when the fire broke out.
Their family has lived in Altadena for more than 50 years and has deep community ties.
“My family has been here for generations and has always been into community service and giving back to the community,” said Calvin.
Calvin said the lawsuit is not only about justice for his sister but for all Altadena families who are missing or mourning loved ones in the wake of the still smoldering fire.
Coverage of the fires ravaging Altadena, Malibu, Pacific Palisades and Pasadena, including stories about the devastation, issues firefighters faced and the weather.
“This lawsuit is about more than one family,” attorney Crump said. “It’s about fighting for the Altadena community to ensure they are not overlooked and receive the justice and resources they need to rebuild their homes and lives.”
When the fire began, the region was under a rare “particularly dangerous situation” fire weather warning, with forecasters predicting critically low humidity and Santa Ana wind gusts of up to 100 mph.
The lawsuits filed against Edison argue that the company has a responsibility to turn off the power lines during such extreme weather conditions.
“On Jan. 3, they [Edison] had alerts telling them that they needed to de-energize the power they have,” said Crump. “Evelyn died on Jan. 7, four days after they should have turned off the energy.”
The 14,119-acre fire continued to burn on Wednesday evening, at which time it was 45% contained.
The utility has said in statements that it does not believe its transmission tower was responsible for the fire, which is being investigated by the California Department of Forestry and Fire Protection.
On Wednesday, the utility’s chief executive, Steven Powell, told The Times that wind gusts measured by Edison in Eaton Canyon did not reach the 60-to-80-mph threshold to warrant de-energization of the tower on Jan. 7.
The National Weather Service measured 59-mph wind gusts in the Eaton Canyon area around the time the fire started on Jan. 7 — as well as 63-mph gusts at 2:20 p.m. and 70-mph gusts at 9:30 p.m.
Coverage of the firefighters’ battle against Eaton and Palisades fires, including stories about the dangerous weather and victim frustration.
A Cal Fire representative has confirmed that the transmission tower is part of the agency’s investigation. Independent experts also have told The Times it’s too soon to draw conclusions on the fire’s cause.
Should Edison be found liable for the Eaton fire, it will put massive strain on the state’s wildfire fund, which would help cover damages.
This $21-billion fund is split equally between shareholders and utility customers. It was established in 2019 to prevent utility companies from going bankrupt should they be found to blame for wildfires.
Times staff writers Noah Goldberg, Salvador Hernandez and Jenny Jarvie contributed to this report.
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