Five lawsuits against Winston Weaver Fertilizer Co. over the Jan. 31, 2022, fire that destroyed its fertilizer facility in Winston-Salem, N.C. (GM Feb. 4, 2022) are on hold awaiting the appointment of a judge, according to the Associated Press. The five lawsuits were filed soon after the Jan. 31 fire between Feb. 3-March 11, 2022.
While the plaintiffs and defendant agreed on Judge Edwin G. Wilson Jr. to hear the case and he was appointed by the Chief Justice of the N.C. Supreme Court to do so on Oct. 24, 2022, he lost his bid for re-election. Now, the parties await word on whether a new judge will be appointed or Judge Wilson will be named as a special judge to hear the case.
The fire destroyed the 65,423-square-foot facility and prompted a three-day evacuation order for some 6,500 nearby residents due to concerns about a possible explosion triggered by ammonium nitrate.
One of the lawsuits claims that the plaintiff was forced to leave her residence on the morning of Feb. 1, and was exposed to “toxic chemicals and incurred evacuation expenses, loss of use and enjoyment of her home, and lost wages (GM March 11, 2022).” It states that she and other neighboring residents and businesses “experienced significant inconveniences, such as loss of income, business disruption, and professional cleaning expenses associated with soot removal.”
The lawsuit pointed to previous fires at the fertilizer plant, as well as to Winston Weaver’s “alleged failure to properly store hazardous materials, correctly repair and maintain its facility, and submit legally-required forms regarding the amount and types of chemicals onsite, as evidence of its negligence and intentional disregard for safety.”
“People impacted by the terrifying Weaver Fertilizer Plant fire deserve justice,” said Gary Jackson, attorney for that plaintiff at the time of the filing. “No company can be allowed to displace an entire community.”
In general, the five complaints contain individual and class action claims for negligence, gross negligence, negligence per se, strict liability, public nuisance, private nuisance, trespass, medical monitoring, and punitive damages.