Winston Weaver Co. $8M Fire Evacuation Settlement

Individuals who lived, resided or worked within one mile of the Winston Weaver facility in Winston-Salem, North Carolina, on Jan. 31, 2022, and suffered economic or nuisance-related damages (excluding personal injury and business damages) may be eligible to claim a cash payment from a class action settlement.

Winston Weaver Co. Inc. agreed to pay $8 million to settle a class action lawsuit for alleged negligence, negligence per se, gross negligence, private nuisance and public nuisance related to a fire and evacuation at its fertilizer plant.

Who can file a claim?

The settlement class includes all natural persons (not businesses or charitable organizations) who resided, lived or worked within the one-mile evacuation zone of the Winston Weaver facility on Jan. 31, 2022, and who sustained economic and/or nuisance-related damages as a result of the fire and evacuation, excluding damages from personal injury and business damages.

Additional details

• Each household can only submit one claim form.
• If a claimant lived in the zone, they may include dependents who lived with them on Jan. 31, 2022.
• If a claimant worked in the zone, they may claim for themselves only.
• Individuals who qualify as both an individual and as a business or charitable entity must choose which capacity to proceed under as this settlement does not cover business or charitable claims.

The class includes approximately 6,500 individuals who lived or worked in the evacuation zone at the time of the incident.

How much can class members get?

Eligible class members who submit a valid claim form will receive a cash payment. After deductions for attorneys’ fees, administrative costs and class representative awards, the settlement administrator will distribute payments on a pro rata basis, meaning it will divide the net settlement fund equally among all valid claimants.

All unclaimed or undistributed funds will revert to the defendant’s insurers.

How to claim a class action payment

Class members can complete the online claim form or download, print, complete and mail the PDF claim form to the settlement administrator. The claim deadline is Jan. 30, 2026.

Settlement administrator's mailing address: Thomas et al. v. Winston Weaver Co. Inc. Settlement Administrator, PO Box 6697, Portland, OR 97228-6697

What proof or documentation is required to submit a claim?

To file an online claim, class members must log in with the unique ID and PIN from the notice they received. Those printing the claim form must provide their unique ID.

Claimants must provide documentation to support their claim. Required documentation includes:

• Proof of identity (such as a driver’s license, picture ID card or U.S. passport)
• If claiming as a resident, proof of residence (such as a utility bill, lease or bank statement)
• If claiming as a worker, proof of employment (such as a pay stub)
• If claiming for dependents, their names and dates of birth. For household members older than age 16, include a copy of a valid government-issued ID.

$8 million settlement fund breakdown

The $8,000,000 settlement fund:

• Settlement administration costs: To be determined
• Attorneys’ fees: Up to $2,666,667
• Attorneys' expenses: To be determined
• Class representative participation awards: To be determined
• Payments to eligible class members: Remainder of the fund

Important dates

• Deadline for exclusion: Dec. 1, 2025
• Fairness hearing: Dec. 8, 2025
• Deadline to file a claim: Jan. 30, 2026

When is the Winston Weaver settlement payout date?

The settlement administrator will distribute payments after the court resolves any appeals and grants final approval of the settlement.

Why did this class action settlement happen?

The class action lawsuit involves a fire at the Winston Weaver fertilizer plant in Winston-Salem, North Carolina, on Jan. 31, 2022, which led to a large-scale evacuation. The plaintiffs alleged that Winston Weaver Co. Inc.’s negligence, gross negligence, negligence per se, private nuisance and public nuisance caused the fire and resulting damages, including loss of use and enjoyment of property, lost wages, evacuation expenses, mental anguish and inconvenience.

The defendant denies all wrongdoing and liability. The parties agreed to settle to avoid the risks and costs of continued litigation and provide compensation to affected individuals.

Sources

1. Class notice
2. Claim form
3. Settlement agreement
4. Settlement FAQ