The Winston Weaver Co. in Winston-Salem, N.C., is facing three lawsuits stemming from the Jan. 31 fire that 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 (GM Feb. 4, p. 1).
The latest suit is a class action complaint filed by the Law Offices of James Scott Farrin in Forsyth County Superior Court, and is the second class-action suit against the company, according to the Winston-Salem Journal.
The suit claims that lead plaintiff Karen Prudencio 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.” The suit states that Prudencio 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 points 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 lead attorney Gary Jackson. “No company can be allowed to displace an entire community.”
Attorneys for the Crumley Roberts law firm filed an earlier class-action suit on Feb. 10 in Forsyth County Superior Court on behalf of two residents who also incurred numerous expenses when they evacuated their homes because of the fire, the Winston-Salem Journal reported. The firm also sued the company on behalf of another resident, but that is not a class action.
Fire investigators have yet to report the suspected cause of the fire. At a press conference on Feb. 9, Winston-Salem Fire Chief Trey Mayo said investigators “have an idea of where we believe the fire began,” but he provided no further details, saying he did not want to “corrupt” the ongoing investigation (GM Feb. 11, p. 1).