Hatteras, Ocracoke Islands Power Outage Class Action Settlement

A $10.35 million settlement has been proposed in a class action lawsuit filed over a power outage on Hatteras Island and Ocracoke Island that began on July 27, 2017.

If you were affected by the power outage that occurred on Hatteras and Ocracoke Islands between July 27 and Aug. 4, 2017, you may be entitled to benefits from the class action settlement.

The settlement resolves allegations in a class action lawsuit claiming PCL Civil Constructors Inc. and PCL Construction Enterprises Inc. wrongfully severed the power to the islands from July 27 through Aug. 4, 2017.

The plaintiffs allege the PCL companies, in the course of performing construction work on Herbert C. Bonner Bridge, severed the only power cable that provides electricity to Hatteras Island and Ocracoke Island.

“Despite PCL’s express promise and agreement as to the importance of avoiding damage to the power lines, on July 27, 2017, PCL cut the power cables near the riser pole at the south end of the bridge,” the power outage class action lawsuit says. “This was the exact region on land where the NCDOT warned PCL not to damage the cables, and where PCL had expressly agreed that damage would cause an ‘unacceptable interruption.’”

“PCL’s negligence caused the precise damage that was repeatedly warned against in the contract: cutting the power lifeline to the islands at the height of the tourist season,” the PCL class action lawsuit alleges.

As a result of PCL’s negligence, residents, businesses and visitors experienced a catastrophic loss of power, the class action lawsuit says.

In response to the lack of electricity to the islands, governmental agencies with authority over Hatteras Island and Ocracoke Island reportedly issued mandatory evacuations for visitors to the islands.

The mandatory evacuation reportedly remained in place until Aug. 4. 2017.

The defendants deny any wrongdoing but agreed to settle the class action lawsuit to avoid the cost and risk of further litigation.

Class Members who would like to opt out of or object to the class action settlement must do so no later than July 31, 2018.

Who’s Eligible

Class Members of the power outage settlement include:

Business Class: All businesses located on and/or operating on Hatteras and Ocracoke Islands during the time of the July 27, 2017 incident.

Rental/Vacationer Class: All persons who rented a vacation property on Hatteras Island or Ocracoke Island, or anyone who rented homes to vacationers during the incident.

Resident Class: All permanent residents of Hatteras and Ocracoke Islands at the time of the incident.

Potential Award

Varies.

Class Members may seek a full recovery of their economic damages that allegedly occurred as a result of the power outage.

Proof of Purchase

Class Members must provide the address at which the economic losses occurred during the Class Period.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/15/2018

Case Name

In re: Outer Banks Power Outage Litigation, Case No 4:17-cv-00141, in the U.S. District Court for the Eastern District of North Carolina, Eastern Division

Final Hearing

9/21/2018

UPDATE: The Hatteras, Ocracoke Islands Power Outage Class Action Settlement was granted final approval on September 21, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.OBXSettlement.com

Claims Administrator

PCL Outer Banks Claim Team
c/o GCG
P.O. Box 10481
Dublin, OH 43017-4081
844-402-8570
[email protected]

Class Counsel

Daniel K. Bryson
Mona Lisa Wallace
Robert Zaytoun
WHITFIELD BRYSON & MASON LLP

Defense Counsel

Rod Pettey
YATES MCLAMB & WEHYER LLP