Judge rules class action lawsuit against Weaver fertilizer company can proceed

A judge ruled Wednesday that a lawsuit related to a 2022 fire at the Winston Weaver fertilizer plant can move forward as a class action. Should the plaintiffs win the suit, approximately 6,500 residents who evacuated during the incident could become eligible for compensation. 

The plaintiffs allege the Winston Weaver Company was negligent in failing to prevent the fire, which prompted the evacuation of everyone living within one mile of the plant. 

The site contained 600 tons of ammonium nitrate, which officials worried would cause a massive explosion. 

During the hearing, Weaver Company attorney Mason Freeman argued that all of those residents weren’t equally affected by the incident, and therefore shouldn’t be lumped together into a class for the case. At one point, Judge Ed Wilson interrupted him. 

Freeman: “So again, did the individuals evacuate because of the fire or for some unrelated reason? Did they actually suffer damages? What steps did they take to mitigate their losses? Your Honor, these questions …”

Judge Wilson: “They wouldn't have evacuated if there wasn't a fire though, would they have?”

Freeman: “We presume that, but we don't know. Presumably, many of them did.”

Plaintiffs argued all the residents had common claims that stemmed from a single incident — the fire. Wilson ultimately sided with them, officially certifying the class. Gary Jackson, who represents the plaintiffs, said the move could expedite the case.

“There's always opportunity for settlement," he said. "Frequently, class certification makes it easier for the case to be resolved.”

If the two parties don’t settle, the trial will move forward in late summer.