REGION: Jury faults utility in crash; awards Marine families $55 million
Jurors find SDG&E acted with malice for failing to light up towers
By TERI FIGUEROA - Staff Writer | ∞
SAN DIEGO ---- A jury on Wednesday found San Diego Gas & Electric negligent in the deaths of four Marines killed in 2004 when their helicopter hit an unlighted transmission tower on Camp Pendleton.
Jurors in the civil trial awarded $55 million in damages to the families who filed a wrongful death lawsuit against the company.
The jury found the company had been negligent by not installing safety lights on certain transmission towers carrying power lines across the sprawling military base that straddles the borders of San Diego and Orange counties.
Jurors also decided that two of the utility's executives acted with malice for not getting the towers marked.
Those failures translated into a total of $15.2 million in compensatory damages to the families of the dead Marines, and $40.4 million in punitive damages ---- $10.1 million per family.
"The biggest thing was the fact that SDG&E knew about the hazards and failed to do anything," jury forewoman Colleen Curtis said after the verdicts.
The Miramar-based Marines, all of whom were Iraq veterans, died as a result of the Jan. 22, 2004, crash in the northwest corner of Camp Pendleton, south of San Clemente, during evening training exercises.
Curtis placed some of the blame on Edwin Guiles, who at the time of the crash was the president of SDG&E. He is now a vice president with its parent company, Sempra Energy.
"The man at the top is ultimately responsible," Curtis said.
SDG&E issued a statement saying it will appeal the jury's verdict, which the company argued will not pass legal scrutiny. The company also pointed the finger back at the U.S. Marine Corps as being to blame for the crash.
"The Marines knew the power lines and towers were there and, if the base commanders had wanted the towers lighted, all they had to do was ask," the statement reads. "SDG&E could not have installed lights on its own, without the permission of the Marines."
The jury placed much but not all of the blame on SDG&E. That distinction is important because it means the company is responsible for only about $50 million of the $55 million in damages. No one will be responsible for the remaining $5 million.
The large award will have "no effect" on ratepayers, SDG&E spokeswoman Christy Heiser said in an e-mail Wednesday evening.
"Costs associated with this are not borne by customers," Heiser wrote.
Wednesday's verdict is the latest in a string of stinging news for the $2.4 billion utility, which is fending off unrelated lawsuits and criticism that its power lines were to blame for last year's massive wildfires.
In the 11 months since the fires swept through North County, two agencies ---- the state's fire department and the state commission that regulates utilities ---- faulted SDG&E for the fires. A San Diego County grand jury report also laid blame at the feet of the company.
On top of that, dozens of lawsuits with hundreds of fire victims are targeting the company. Those suits are in their infancy.
On Wednesday, the four-year-old helicopter crash took center stage.
Killed in that crash were Capt. Adam Miller, 29, the pilot at the time of the crash, and 1st Lt. Michael Lawlor, 27, the copilot, who was posthumously promoted to captain. Also killed were Staff Sgt. Lori Anne Privette, 26, and Cpl. Joshua Harris, 22.
At the end of the trial, one of the attorneys for the families asked the jury to "punish" the company to "send a message."
"Teach them not to do this again," plaintiff's attorney Todd Macaluso argued. "They disregarded the safety of the Marines."
SDG&E attorney Larry Davis told jurors, "You sent the message you intended to send," and asked that they not levy punitive damages.
After a three-week trial, the jury deliberated for about a day before finding that each set of parents of the Marines should receive $2.125 million for the loss of love and companionship, and Lawlor's wife should get $4.5 million for the same.
The panel of nine women and three men also said Lawlor's wife should receive $2.2 million in the loss of her husband's future earnings.
In parceling out liability for the crash, the jury laid 56 percent of the responsibility for negligence on SDG&E. The pilots of the ill-fated UH-1N Huey were 22 percent at fault, the panel said, and the pilots of a second helicopter training with the Huey were 8 percent to blame.
The rest of the fault ---- 14 percent ---- is with others, jurors found. Although their verdict does not specify who the others may be, during the trial the attorney for the families suggested that the Marine Corps might share some blame.
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
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Responsibility wrote on Sep 3, 2008 1:11 PM:While I am sorry for the loss of these two aviators, I think the wires had been there for quite some time. If they were such a hazard, how come nobody from Camp Pendleton complained to the utility about them before? This suggests to me that the wires were not unreasonably placed.
Ooh Rah wrote on Sep 3, 2008 1:27 PM:Good for them!!!! Make SDG&E accountable for their mistakes. These families lost loved ones, a woman lost her husband and not while at war, while they were training and all because SDG&E was too cheap to pay for some balls to put on the wires to alert low flying aircraft near CP when they new that the military did training there all the time. Maybe now they can come to some mutual agreement where SDG&E and Camp Pendleton can split the cost of said balls so this tragedy will never happen again!
A wrote on Sep 3, 2008 1:30 PM:WHAT!!!!!!!!!!!!! They didn't meet the requirement to need lights or markers supposedly right? I mean if they followed the rules should they still be held negligent? What about the military? Shouldn't they have been monitoring things too? THIS IS CRAZY!!!!!!!!!!!!
A wrote on Sep 3, 2008 2:04 PM:Too OohRah:
If they split the cost of the balls, shouldn't they split the cost of the law suit then too?
Ask wrote on Sep 3, 2008 2:08 PM:>>The panel of nine women and three men also said Lawlor's wife should receive $4.5 million in the loss of her husband's future earnings.<<
Now isn't that just a BIT excessive for future earnings? Sure wish I had their kind of calculator!
John wrote on Sep 3, 2008 2:49 PM:Ask - No, it's probably conservative. A mid-career military aviator usually has their Masters Degree and can usually find lucrative pay in the Defense or Aviation field (their pick). With most people working now until their 70s, 4.5 million sounds close.
The malice part is what's interesting. Obviously they found something not mentioned in the article or in newsprint elsewhere.
Marine wrote on Sep 3, 2008 3:09 PM:This is a travesty but typical of our legal system. Two entities are responsible for this: 1. The pilots and their operations personel who failed to account for a known and documented hazard prior to this training mission (Operational Risk management), and 2. Camp Pendleton Range Control who sets requirements for all ranges on base and mitigates hazards. SG&E is at best a tertiary party to this, but the lawyers know that SDG&E's money is much more accessable than the Marine Corps' money. Make no mistake, either way that's our tax or utility dollars paying for this. These jurors are the typical lemmings that get selected for civil cases; always fall for the sob story against the big, heartless corporation. If anyone is to take the blame for this it should be the Marine Corps. 99% of the blame for this incident is internal. Typically these awards get reduced drastically on appeal, so let's hope for the best.
Geeze wrote on Sep 3, 2008 3:33 PM:I hope the power lines in the next war in the next country are marked or SDG&E will get blamed for that to. Can we call ahead and make sure the enemy lights them for us? Though I feel for the families left behind this was an accident. Just shows how juries see emotions and not facts. They think mean old SDG&E has plenty of money to give away. HEY JURY. We, meaning you too, will pay for this accident with higher rates.
No way wrote on Sep 3, 2008 4:05 PM:Some blame not major,but jury at fault on this one. Just like all juries, attorneys don't pick them because they are smart or even have common sense. They pick someone that will feel sorry for their clients and poor family. Appeal would be great.
Go for the big pockets right wrote on Sep 3, 2008 5:47 PM:SDG&E needs to appeal the decision bottom line. Why did the family not sue the feds?
UH-N Huey Crew wrote on Sep 3, 2008 8:37 PM:I served with the Marines that were killed in the Huey they were detached from our command (HMLA-169) and were part of the MEU stationed out of Mirimar. All were great Marines and Adam Miller was a skilled pilot and a great test pilot.
I have logged well over 3,000 flight hours in the UH-1N (Huey). This incident was a tragedy but even flying in low light conditions with NVG's I could still make out the power lines. If we were to conduct training in that part of base such as terfing at NOE (nap of the earth), we would brief the associated hazards (power lines).
As much as this is a tragedy each pilot and aircrew Marine volunteer for flight status. My feelings are that SDG&E should not be held accountable.
If the Marine Corps felt it was hazard then they should have restricted flight training in that area.
The Marine Corps has a system in place called ORM (Operational Risk Management). You identify potential risks and identify solutions to prevent the risk.
In all fairness, I was not in the cockpit that night and it is not fair for me to be a Monday morning quarterback but no amount of money can bring four outstanding Marines back.
well said wrote on Sep 4, 2008 12:57 AM:it couldnt have been said any better. i feal the same way that should of been pointed out way before and for the reason that the OPM never said nothing is the reason why these brave marines are no longer with us. i dont think its all to blame on sdg&e. god bless the families of the brave soldiers for there great loss. i thank them for there protection in this pointless war that who know who is the real enemy. god bless all our marines and army navy for what they do. thanks.
Slappy wrote on Sep 4, 2008 5:38 AM:Are all the towers and lines marked and lit in Afganastain, or Iraq?
Reform Needed wrote on Sep 4, 2008 9:58 AM:No doubt this is a tragedy for the families. But this is just another example of an out of control legal system that doesn't just cost us money (we'll all pay for this, not SDG&E), but continues to put ever more restrictions on society in the name of "safety".
Unfortunately, since most politicians are lawyers, many trial-lawyers who've made their fortunes through law suits, the chances of any significant reform are slim to none.
to Geeze UH wrote on Sep 4, 2008 10:07 AM:Right on! Sorry families, but this reminds me of the McDonalds hot coffee burn lawsuit.
Maybe SDG&E should put safety warning stickers on the towers so people won't fry themsleves.
CP Employee wrote on Sep 4, 2008 10:25 AM:Apparently, this issue was addressed with SDG&E prior to the accident. SDG&E did not take action to fix the problem, so they are to blame. Just wait a few months and see what happens to your electric bill. Bet this expense will be passed on to the customers.
Same jury wrote on Sep 4, 2008 4:17 PM:that tried OJ. Again, I hope when the Marines go to war the enemy lights the power lines and anything else that might impede our helicopters. I feel for the families but accidents do happen. Just because there are deep pockets available doesn't mean they are at fault.
Are you people serious wrote on Sep 8, 2008 10:22 AM:Thank the four soldiers who died in this crash for the right to make your comments! They died practicing to protect your lives and freedom. They deserve a lot more.
UH-1 Crew wrote on Oct 8, 2008 10:01 AM:It's sad to see all these negative comments. I was lucky enough to be Captain Millers crew-chief during OIF. Unless you flew with him in the worst of times I don't think you have the right to judge his skills or abilities. Power lines are almost impossble to see at night. He was by far one of the best! This crew gave all without complaint. I will miss you my friends.
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