Second lawsuit filed against Winston Weaver Co. over Jan. 31 plant fire. This one seeks to be a class-action status. | Crime

“In addition to the risk of inhalation of fumes from the burning chemicals, there was also a substantial risk of detonation of the ammonium nitrate and other flammable chemicals at the Weaver Facility,” the lawsuit said.

Neighborhoods within the one-mile evacuation zone were exposed to “significant amount of toxic smoke, soot, ash, and/or dust and fumes coming from the fire at the Weaver facility.”

The lawsuit also noted that city officials warned residents to stay out of Muddy, Mill and Monarcas creeks downstream from the plant because the water contained elevated levels of chemicals. Those chemicals included nitrates and ammonia nitrogen. The lawsuit said the fire hurt the air quality in the area near the plant.

The lawsuit claims that the company was negligent.

“Defendants failed to exercise due case in the maintenance and monitoring of the Weaver Facility so as to prevent fires and the uncontrolled release of hazardous smoke, odors, and wastes into the environment,” the lawsuit said.

Adam Parrish, a spokesman for the company, declined to say anything about the lawsuit.

“I’m not going to comment on that,” he said, before hanging up when reached late Friday afternoon.

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