The suit, filed before U.S. District Judge Don Molloy in Missoula, alleges the government violated its own firefighting rules when intentionally setting a fire on the Trinity Ranch near the mouth of Spade Creek on Aug. 6.
On that day, with temperatures over 90 degrees and winds blowing at more than 20 mph, the southern end of the Bitterroot Valley erupted in flame, as fires scorched homes and property in the Laird, Dickson, Spade and Beam creek drainages, Blind Draw and along the U.S. Highway 93 corridor. The backburn was an effort to protect some homes on the riverside flats between the highway and the foothills, the Forest Service said at the time.
"Defendant's firing operations were the cause of an out-of-control fire or blow-up," the complaint states.
More than 100 plaintiffs are identified in the suit, a list that covers four pages. The U.S. government is the sole defendant. The suit claims the government was negligent in setting the backburn, caused the fire that burned the defendants' property and, finally, was negligent in its investigation of the backburn.
In fact, the suit claims the government did such a poor job of investigating the fire that the defendants had no real opportunity to settle their claims without filing a lawsuit, as required by the Federal Tort Claims Act.
The suit seeks compensation for the property and any other damages deemed appropriate at trial.
The suit has not yet been served on federal attorneys, who will soon file their initial response in what promises to be a lengthy and complex case.
On Aug. 6, a significant fire was burning in Gilbert Creek south of Dickson Creek, along with a string of spot fires in Spade Creek. Residents in the area had been alerted to potential danger, but a dozen or so remained in Dickson Creek. By midafternoon, the temperature was 92 degrees, the humidity was very low and the wind was coming up.
By late afternoon, after the backburn was set near the mouth of Spade Creek, the narrow river canyon and its side drainages raged with fire. Residents were out of their homes by that time, but homes and property suffered as the Gilbert, Spade and backburn fires roared through the canyons.
The lawsuit claims that no fire safety officer ever approved of the backburn, and that the intentional fire was never authorized by "appropriate personnel." Fire crews failed to exercise "ordinary care" in setting the fire in the volatile weather conditions, the suit alleges.
"Defendant breached its duties by igniting the firing operations in extreme atmospheric conditions in an area of wildland-urban interface and with disregard for the safety of residents and their continued maintenance and ownership of their property," the suit states.
The Backfire 2000 plaintiffs, along with three insurance companies, are represented by the Washington, D.C., law firm of Howrey Simon Arnold and White and the Kalispell firm of Hash and O'Brien.
Reporter Michael Moore can be reached at 523-5252 or 370-3330, or at mmoore@missoulian.com
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