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Class action approval sought in new lawsuit filed against Winston Weaver

Smoke lingered after a chemical fire at the Winston Weaver fertilizer plant in Winston-Salem, North Carolina, that broke out on January 31, 2022. Paul Garber/WFDD

Another lawsuit has been filed against the Weaver fertilizer plant in Winston-Salem.

Attorneys for the plaintiffs impacted by the plant fire are seeking a class action status from the court.

The Law Office of James Scott Farrin recently filed the lawsuit in Forsyth County Superior Court. It accuses the company of being negligent in its handling or care of ammonium nitrate and says it should have taken steps to avoid the fire.

Forsyth County resident Karen Prudencio is listed as the plaintiff representing the class. She was one of around 6,500 people in the one-mile evacuation zone. The lawsuit seeks compensatory and punitive damages for displacement and other expenses resulting from the evacuation.

It also lists potential health concerns from residents about fire-related pollution in the air and local waterways.

Attorney Gary Jackson says this impacted primarily low-income neighborhoods and people of color. He says the class action status is important.

“Here there's an aspect of environmental justice. There's value in bringing this situation to the attention of the public and letting Weaver explain what happened, why it happened. And there's a utility in that separate and apart from the compensation of the victim.”

This is the latest lawsuit filed since the fire broke out at the Weaver plant on January 31. An investigation into the cause is still underway.

Weaver spokesman Adam Parrish says the company isn't commenting on pending litigation.

Follow WFDD''s Keri Brown on Twitter @kerib_news

Keri Brown is a multi-award winning reporter and host at 88.5 WFDD. She has been honored with two regional Edward R. Murrow awards for her stories about coal ash, and was named the 2015 radio reporter of the year by the Radio Television Digital News Association of the Carolinas (RTDNAC).Although she covers a variety of topics, her beats are environmental and education reporting.Keri comes to the Triad from West Virginia Public Broadcasting, where she served as the Chief Bureau Reporter for the Northern Panhandle. She produced stories for the state's Public Television and Radio programs and was honored by the West Virginia Associated Press Broadcasters Association for her feature and enterprise reporting.She also served as an adjunct instructor at Wheeling Jesuit University and Bethany College in West Virginia. She worked with the Center for Educational Technologies in Wheeling, WV, and other NASA centers across the country to develop several stories about the use of science, technology, engineering, and math (STEM) concepts in the classroom.Keri's journalism career began at WTRF-TV 7 in Wheeling. She worked in several roles at the station, including the head assignment editor. She also was a field producer and assignment manager at WPGH-TV Fox 53 in Pittsburgh.Keri is a graduate of Ohio University. When she's not in the studio or working on a story, she enjoys watching college football with her family, cooking, and traveling.Keri is always looking for another great story idea, so please share them with her. You can follow her on Twitter @kerib_news.

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