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To the Editor:
According to Cal Fire, the Broiler Fire broke out Wednesday, July 7, at 2:44 p.m. in the area of Uva Drive and Finne Road southwest of Redwood Valley at the company campus of Flow Cannabis (Flow Kana).
Within two hours, it had burned about 50 acres with no containment.
An evacuation order was issued south of Uva Place from Highway 101 to Linnex Drive and south on Uva Drive and Uva Drive south to Central Avenue to the Highway 101 off-ramp. An evacuation shelter was initially set up at the Mendocino College Gymnasium at 1000 Hensley Creek Road, but was later moved to the dance studio on the college campus.
The Ukiah Animal Shelter was also evacuated.
Ultimately, several structures were destroyed, as the fire burned at least 80 acres.
Flow Cannabis admitted to causing the fire. But here’s the thing: Was the fire outright negligence? Who mows the lawn of a corporate campus at 2 pm during fire season and a drought.
To those who suffered damages, and who are thinking about suing, call a lawyer. Do it now.
I’m not a lawyer, but here’s what I’ve found in public sources.
In tort law, negligence is a distinct cause of action. The Restatement (Second) of Torts defines negligence as “conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm.”
Negligence generally consists of five elements, including the following: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty; (3) an actual causal connection between the defendant’s conduct and the resulting harm; (4) proximate cause, which relates to whether the harm was foreseeable; and (5) damages resulting from the defendant’s conduct.
Who do you sue? Start with the company’s officers:
Michael Steinmetz, Co-Founder & Chief Executive Officer,
Jarom Fawson, President,
Mitch Wortzman, Chief Financial Officer,
John Striff, Co-Chief Operating Officer,
Kevin Haslebacher, Co-Chief Operating Officer, and
Brooke Carpenter, Chief Revenue Officer & Vice President, Sales
The company’s lead outside director?
Michael Henderson-Cohen, Board Member, representing Gotham Green Partners.
If you’re planning to sue, do it now. The company raised tons of cash in its early years, but not so much recently.
On 14-Feb-2019, Flow Kana closed on $125 million (Series B) Early Stage VC.
This followed $22.5 million Early Stage VC (Series A) on 01-May-2018.
However, investors are getting wise to the company’s negative cash flow and burn rate of cash.
Later Stage VC for $175M was canceled on 13-Mar-2020.
As I said, if you’re going to sue, do it now. If your lawsuit doesn’t settle and Flow Cannabis (Flow Kana) is sold in an M&A deal, your lawsuit may be carried as an existing liability on the books of the acquiring company.
A final word about premises liability. One of the more complex areas of law related to negligence focuses on the standard of care that a landowner owes to other property owners. In some jurisdictions, the law requires the possessor of the land to act reasonably in the maintenance of his or her land.
Call a lawyer. Flow Cannabis (Flow Kana) is trying desperately to get ahead of the story by reaching out to victims, but you won’t know your rights until you speak to a lawyer.
John Sakowicz, Ukiah
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July 12, 2021 at 02:15PM
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Letter to the Editor: The Broiler Fire and Flow Cannabis–To My Neighbors in Redwood Valley – Redheaded Blackbelt - Redheaded Blackbelt
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