May 4, 2018
$10.35 Million Settlement for 2017 Outage Receives Preliminary Approval
U.S. District Court for the Eastern District of North Carolina
overseeing the class action filed against PCL Civil Constructors, Inc.
and PCL Construction Enterprises, Inc. (collectively PCL) granted
preliminary approval to a $10.35 million settlement to compensate
businesses, vacationers, and residents of the Ocracoke and Hatteras
Islands who were affected by the power outage beginning on July 27,
Class members in the three classes – Business Class, Rental/Vacationer
Class, and Resident Class – may receive 100% of their total economic
damages caused by the power outage. If additional funds are available,
class members may receive up to 20% of their total losses to compensate
for their non-economic damages, such as suffering and inconvenience.
Additionally, Business Class members may opt to receive a flat sum of
$2,500 upon a showing of a valid business tax ID number and a written
statement of economic loss incurred.
“We are pleased that the Court recognized the tremendous effort put
into settling the case so that those on Hatteras and Ocracoke can start
to receive much needed relief in advance of the summer tourist season,”
says Dan Bryson, co-lead counsel for the plaintiffs. “I along with my
co-lead counsel, Mona Lisa Wallace and Robert Zaytoun, and my law
partner Gary Mason, look forward to helping class members obtain their
Now that the court has preliminarily approved the settlement, claims
can begin to be paid and information will soon be sent to class members
about the settlement benefits. Potential class members will soon be
able to visit the settlement website, www.obxsettlement.com,
for more information. The court is scheduled to hold a final hearing to
decide whether to grant final approval on September 14, 2018 at 2 p.m.