A federal judge has set a January 2024 trial date for a suit that seeks to hold an electrical co-op and a tree trimmer responsible for a fatal fire in Clark. However, the parties have expressed some optimism that the case can be settled before then.

The fire broke out on the night of Nov. 15, 2021, amid a powerful storm with hurricane-force winds.

Despite the efforts of multiple fire departments, the flames raced across 300 acres, destroying two homes and overtaking and killing 61-year-old Cynthia Ruth as she tried to evacuate.

Her widower, Jerry Ruth, filed suit in November against Red Lodge-based Beartooth Electric Cooperative and the co-op’s contracted tree-trimmer, Asplundh Tree Expert of Pennsylvania.

Echoing the conclusions of the Clark Volunteer Fire Department, of which he is a member, Jerry Ruth says the fire started when one of Beartooth Electric’s power lines came into contact with a cottonwood tree. Ruth and his attorneys contend that Asplundh — which had trimmed trees in the area months earlier — negligently failed to trim that particular tree and Beartooth negligently failed to supervise and inspect the contractor’s work.

Both the co-op and the tree trimming company have denied any wrongdoing or liability for the fire and Cynthia Ruth’s death.

“Ms. Ruth’s tragic death was caused by extreme forces of nature and circumstances sometimes referred to as an ‘Act of God,’ over which Defendant had no control,” Beartooth wrote in part, while Asplundh described her death as being caused “by an uncontrollable force/Act of God which Asplundh did not control and could not predict.”

Both defendants also say the fire may have had another cause, potentially stemming from the actions of someone else. As summarized in a recent filing by the parties, “Beartooth also claims that Asplundh alone was negligent and that Ms. Ruth’s death was caused, at least in part, by her own decisions upon evacuating her residence.”

In an order issued earlier this month, Chief U.S. Magistrate Judge Kelly Rankin set a Jan. 6, 2024 trial date for the case, setting aside 12 days for a jury to hear the matter in Cheyenne. However, it may not be necessary.

“The parties have agreed to discuss settlement potential as discovery and case preparation progresses,” attorneys representing Jerry Ruth, Beartooth Electric and Aslplundh Tree Expert wrote on Jan. 27. “They assess their chances of settlement as fair to good.”

Discovery in the case is supposed to wrap up by July.