Judge to decide whether lawsuit related to fertilizer plant fire can proceed

A judge will soon decide whether a lawsuit related to the Winston Weaver fertilizer plant fire can move forward. 

The suit was filed on behalf of five residents who were evacuated from their homes during the January 2022 fire. It alleges the company was negligent in failing to properly store and handle ammonium nitrate, a volatile fertilizer ingredient. The suit also claims the company failed to notify residents of the “dangerous and unsafe condition” of the plant.

On January 8, Forsyth Superior Court Judge Edwin Wilson Jr. will hear arguments about whether the case should proceed as a class-action suit. 

Attorney Gary Jackson, who represents the plaintiffs, says that means Wilson will determine whether all residents who lived in the evacuation zone qualify as a class under the law. 

“What we have to show to get the class certified is that common issues predominate over individual issues, that the issues and claims are typical among the class members," he says. 

Jackson says if the judge does certify the class, all 6,000 residents would be eligible for compensation should the plaintiffs ultimately win the case against the Winston Weaver Company. 

The hearing is scheduled for Wednesday, Jan. 8, at 10 a.m. at the Forsyth County Courthouse.