Eymann Pulled Off Case Judge Cites Contact With Opposing Expert

Sat., Aug. 20, 1994

By J. Todd Foster toddf@spokesman.com

A Superior Court judge Friday yanked well-known Spokane civil attorney Richard Eymann from a case that blames two power companies for several destructive fires in October 1991.

Eymann was disqualified after Judge Kathleen O’Connor ruled he violated court ethics by interviewing a consultant hired by attorneys representing the utilities, Inland Power & Light and Washington Water Power Co.

The consultant, fire investigator Norman Buske, approached Eymann last year to report what he called a cover-up of the Chattaroy West fire, which destroyed two homes and burned into two other blazes that destroyed 46 homes.

Eymann and Steven Jones of Feltman, Gebhardt, Eymann and Jones represent many victims of Firestorm ‘91. About 90 separate blazes killed two people, destroyed 114 homes and scorched 35,000 acres.

“My firm is meeting on Monday to consider our options,” Eymann said late Friday. “Obviously, I have to take the interests of my clients as foremost. My clients are extremely disappointed.”

Eymann can appeal the judge’s ruling or ask O’Connor, who declined to comment, to reconsider her decision.

The utilities’ attorneys, Don Stone and John Riseborough of Paine, Hamblen, Coffin, Brooke & Miller, could not be reached for comment Friday.

They maintain in court documents that Eymann broke the law and violated court ethics.

But Eymann’s affidavit to the court states: “The gravity of this investigator’s concern that a cover-up was under way cannot be understated.”

Attorneys are forbidden by court rules to interview opponents’ consultants unless there are “legitimate” reasons. The judge ruled Eymann should have gained permission from the utilities’ attorneys.

Buske maintains that WWP hid evidence that an uninsulated wire on a transformer was the most likely cause of the Chattaroy West fire.

WWP denies that and other allegations, including that the utilities sent out lawyers with investigators to stop them from uncovering damaging evidence.

Buske also said the utilities expected to be sued so they hired all the fire investigators they could find in the Northwest to cut down on the availability of expertise to potential plaintiffs.

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