Hensley vs. SDG&E

APPEALS COURT RULES 2007 FIRE SURVIVOR CAN RECOVER DAMAGES FROM SDG&E FOR EMOTIONAL DISTRESS

 

By Miriam Raftery

February 9, 2017 (Poway) –Judge O'Rourke on the Fourth District Court of Appeal has issued a decision finding that Superior Court Judge Richard Strauss erred in not allowing 2007 wildfire survivor William Michael Hensley to present evidence of emotional distress damages.

According to the court decision, William Hensley was out of town when the wildfire forced his wife, Linda, and their daughter to evacuate.  Worried about their safety, he came home early and drove with Linda to a nearby location where they watched the fire burn houses close to theirs, fearing  that everything  had been lost.  Their house was damaged and a large grove of avocado trees burned down.