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Monday, March 18, 2024
March 18, 2024

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West Linn firefighter’s family files claims for $35 million

The Columbian
Published:

PORTLAND — The family of John Percin Jr., the West Linn High School grad who died last summer fighting wildfires in Arizona, has filed a pair of wrongful death claims against the state of Arizona and several other entities for a total of $35 million, according to documents obtained by The Oregonian.

The claims, filed separately by Percin’s parents and on behalf of Percin’s 5-year-old daughter, allege that the 24-year-old’s death could have been prevented if the crew had been directed to use more appropriate firefighting strategies and instructed on escape routes.

Stephanie Grisham, spokeswoman for the Arizona attorney general, said the state is reviewing the claim, as well as claims on behalf of 15 other Granite Mountain Hotshots. The state has not responded to any of the claims, but may do so in the future, Grisham said.

On June 30, 2013, Percin and 18 of his fellow Granite Mountain Hotshots died in a massive wildfire outside Prescott, Ariz. It was the nation’s biggest loss of firefighters in a wildfire in 80 years, according to the Associated Press.

When Percin’s remains were returned to Oregon in July, more than 100 firefighters, police and other public safety officials participated in a procession from Portland International Airport to Lake Oswego’s downtown fire station, where the urn containing his ashes was publicly displayed.

The claims, filed in December 2013, allege the Arizona State Forestry Division, the city of Prescott and Yavapai County “carelessly let the Granite Mountain Hotshots move into a rugged, brush-filled area where escape from oncoming fire was impossible.” The entities violated nationally recognized firefighting orders by using poor information about fire weather conditions and forecast, failing to make escape routes known to the crew, failing to maintain prompt communications to the crew, and more, according to the claims.

Possibility of lawsuits

Arizona state law requires any person with a claim against a public entity or employee to file a notice within 180 days of the incident. The claim is not a lawsuit; it informs of the possibility of a lawsuit, as well as the amount for which the claim can be settled before moving on to litigation.

Altogether, the claims total more than $300 million.

The claim on behalf of Percin’s daughter, Kylie Steinmetz, seeks $12 million from the state of Arizona, $6 million from the city of Prescott and $6 million from Yavapai County. The claim also states that the entities can pool their resources and settle for $10 million.

Percin held his daughter only a few times before he left for Arizona to “get his life together,” hoping to eventually reconnect with his daughter once he was emotionally and financially stable, according to the claim. But now, the girl has “no chance to get to know her daddy,” the claim says.

Families of the 13 part-time or seasonal workers, including Percin, are already set to receive lump-sum payments of $338,000, according to the Arizona Republic newspaper. The six full-time firefighters who died will receive average lump-sum payments of $470,000 and up to $100,000 annually. Many of the families have also received private donations.

The claim on behalf of Percin’s parents, John and Mary Percin of West Linn, totals $11 million. The claim also states that the couple are willing to discuss a number of nonmonetary actions as a part of a settlement, including policy changes to ensure the safety of future wildland firefighters in Arizona and funding an annual scholarship for wildfire-suppression training.

Mary Percin declined to elaborate on the claims Wednesday. Several calls to the Arizona attorneys representing the Percin family were not returned.

In an investigation of the event released last year, a commission found the Arizona Forestry Division used fire-suppression strategies that “prioritized protection of non-defensible structures and pastureland over firefighter safety.” In addition, managers arrived late or were absent from their assigned positions during the transition from an initial attack to extended attack, increasing the risk of firefighter exposure to smoke inhalation, burns and death, the commission concluded.

The state forestry division is contesting violations resulting from the report, saying they “are not supported by substantial evidence, are contrary to law, arbitrary, capricious and constitute an abuse of discretion.”

Calls to the forestry division spokeswoman, Carrie Dennett, were not returned.

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