Winston Weaver Settlement

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

The Class Representatives in this lawsuit are Plaintiffs Vanda Thomas, Stacy Wharton, Karen Prudencio, Arcola Lewis d/b/a Premier One Salon, and Sherman Transou.

The Winston Weaver facility was a fertilizer plant in Winston-Salem, North Carolina. A fire occurred sometime before 8:00 p.m. on January 31, 2022. That night, local authorities issued an evacuation notice for approximately 2,500 homes within a one-mile radius of the Winston Weaver facility due to possible explosion hazard. Approximately 6,500 people lived or worked within the evacuation zone. On February 3, 2022, authorities reduced the evacuation zone from a one-mile radius to an eighth of a mile radius

Plaintiffs contend that they were subject to an evacuation as a result of the fire, which caused damages including loss of the use and enjoyment of their real property; lost wages and lost profits as a result of being delayed and/or prevented from entering their homes, schools, factories, and stores; evacuation expenses, mental anguish, and inconvenience; as well as other incidental and consequential damages arising from the incident. The lawsuit includes legal claims for Defendant’s negligence, negligence per se, gross negligence, private nuisance, and/or public nuisance, which proximately caused the fire and subsequent evacuation.

The Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by the Defendant or that any law has been violated.

The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle a portion of the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for the Settlement Class because of the benefits available and the risks and uncertainty associated with continuing the lawsuit.

Recently, notice was provided because the Court established or “certified” the lawsuit as a class action. The Certified Class is defined as: all natural persons and entities (whether business or charitable) that resided, lived, worked, or maintained a place of business or charitable organization within the one-mile evacuation zone of the Winston Weaver facility on January 31, 2022, and sustained economic and/or nuisance-related damages caused by the fire and evacuation, excluding damages arising from personal injury.

The Parties have not settled the legal claims for businesses or charitable organizations. This Settlement does not include businesses or charitable organizations. You may be a member of the Settlement Class as an individual with separate rights, and you may also be included in the Certified Class with rights as a business or charitable organization. If you are both a Settlement Class Member as an individual and a Certified Class Member for a business or charitable organization, you must decide whether you want to proceed in the lawsuit as an individual or as a business or charitable organization.

The Settlement Class includes: All natural persons who resided, lived, or worked within the one-mile evacuation zone of the Winston Weaver facility on January 31, 2022, and sustained economic and/or nuisance-related damages caused by the fire and evacuation, excluding damages arising from personal injury and individuals claiming business damages.

Yes. Excluded from the Settlement Class are: (i) Defendant, Released Entities, or any of their employees, agents, Insurers, contractors, and subcontractors, including employees of Defendant’s agents, contractors or subcontractors; (ii) the Court and Court personnel and their immediate families; (iii) the lawyers who have made appearances for any of the Parties; and (iv) Opt Outs.

If you are still not sure whether you are included in the Settlement Class, you can get free help by calling 1-877-873-4578 or writing to the lawyers in this lawsuit at the address listed below in FAQ 20.

If you are a member of the Settlement Class, you may submit a timely and valid Claim Form to receive a pro rata (a legal term meaning equal share) cash payment. The net Settlement Fund will be divided by the estimated number of individual Settlement Class Members (6,500 individuals) to determine the pro rata share. All unclaimed or undistributed funds will revert to Defendant’s Insurers after all Valid Claims have been paid.

For purposes of calculating the cash payment, the Settlement Administrator must distribute the funds in the Settlement Fund for payment of administrative expenses, attorneys’ fees and costs, and any Class Representative Participation Awards approved by the Court.

Unless you exclude yourself (opt-out), you will remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Entities about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims.”

Section 7 of the Settlement Agreement describes the Releases, Released Claims, and Released Entities in necessary legal terminology, so please read this section carefully. For questions regarding the Releases, Released Claims, or Released Entities and what the language in the Settlement Agreement means, you can also contact Class Counsel listed below in FAQ 20 for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and valid Claim Form to receive a cash payment as described in FAQ 9. Your Claim Form must be submitted online by January 30, 2026, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by January 30, 2026. Claim Forms are also available on the Documents page of this website or by calling 1-877-873-4578 or by writing to:

Thomas et al. v. Winston Weaver Co., Inc.
Settlement Administrator
P.O. Box 6697
Portland, OR 97228-6697

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

Thomas et al. v. Winston Weaver Co., Inc.
Settlement Administrator
P.O. Box 6697
Portland, OR 97228-6697

If you file a timely and valid Claim Form, the cash payment will be provided after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

If you do nothing you will stay in the Settlement Class and you will not get a cash payment. You must file a timely and valid Claim Form to receive a cash payment. If you do nothing now, you will not be able to sue or continue to sue the Defendant—as part of any other lawsuit—about the same legal claims in this lawsuit. You will also be legally bound by the orders and judgments.

If you want to sue the Defendant on your own regarding the same legal claims in this lawsuit, or already have your own lawsuit against the Defendant regarding the same legal claims in this lawsuit and you want to continue with it, you need to ask to be excluded from the Settlement Class. If you exclude or remove yourself from the Settlement Class— sometimes called “opting out” of the class— you will not get a cash payment. However, you may be able to sue or continue to sue the Defendant on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action lawsuit.

If you start your own lawsuit or continue with an existing lawsuit against the Defendant regarding the same legal claims in this lawsuit after you exclude yourself, you will have to hire your own lawyer(s) for that lawsuit, and you will have to prove your legal claims. If you exclude yourself so you can start or continue your own lawsuit against the Defendant, you should talk to your own lawyer soon, because your legal claims may be subject to a statute of limitations, meaning that you may face a deadline after which you cannot sue.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. Your name, current mailing address, and telephone number
2. Your personal physical signature and date
3. A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in Thomas et al. v. Winston Weaver Co., Inc., Case Nos. 22 CVS 929 and 22 CVS 683”
4. A statement as to whether you will bring a separate legal claim against Defendant

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by December 1, 2025:

Thomas et al. v. Winston Weaver Co., Inc.
Settlement Administrator
P.O. Box 6697
Portland, OR 97228-6697

You cannot opt-out (exclude yourself) by telephone or by email.

No. If you opt-out, you will not be able to receive a cash payment, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get a cash payment if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt-out, you give up any right to sue any of the Released Entities for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Entities about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. Your decision to remain in the Settlement Class or to exclude yourself will affect your rights or your ability to participate in any future settlements for businesses or charitable organizations.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or attorneys’ fees and costs and Class Representative Participation Awards.

To object, you must file your timely written objection with the Court as provided below by December 1, 2025, and send by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked or shipped by private courier (such as Federal Express) by December 1, 2025, stating you object to the Settlement in Thomas et al. v. Winston Weaver Co., Inc., Case Nos. 22 CVS 929 and 22 CVS 683.

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

1. The case caption: Thomas et al. v. Winston Weaver Co., Inc., Case Nos. 22 CVS 929 and 22 CVS 683
2. Your name, current mailing address, and telephone number
3. Your date of birth
4. The last four digits of your Social Security number (or Tax Identification Number)
5. The nature of and the reasons for your objection
6. All evidence and documents you as the objector intend to offer
7. The name and address of all witnesses you as the objector intend to call in support of your objection and a summary of the testimony each witness will give
8. Your signature as the objector and your lawyer’s signature (if any)

To object, you must file your timely written objection with the Court by December 1, 2025, and send it by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the following addresses:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of the Settlement.

Yes, the Court has appointed Gary Jackson of the Law Offices of James Scott Farrin, and Derek Potts of Potts Law Firm as Class Counsel to represent you and the Settlement Class for the purposes of this lawsuit. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you can hire your own lawyer at your own expense. For example, you can ask them to appear in Court for you if you want someone other than Class Counsel to speak for you.

Class Counsel will file a motion asking the Court to award the attorneys’ fees of up to 1/3 of the Settlement Fund, plus reimbursement of reasonable costs. Class Counsel will also ask the Court to approve the Class Representative Participation Awards for the Class Representatives for their efforts. If awarded by the Court, the attorneys’ fees and costs and the Class Representative Participation Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

The Court will hold a Fairness Hearing on December 8, 2025, at 10:00 a.m. before the Honorable Edwin G. Wilson, Jr. at the Forsyth County Courthouse, 175 N. Chestnut St., Winston-Salem, NC 27101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s attorneys’ fees, costs, and expenses, and Class Representative Participation Awards.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.

Note: The date and time of the Fairness Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Fairness Hearing have not changed

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Fairness Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.

This website and the Notice contains a summary of the lawsuit, Settlement, and the proceedings. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Documents page of this website. You may get additional information by calling toll-free 1-877-873-4578 or writing the Settlement Administrator at:

Thomas et al. v. Winston Weaver Co., Inc.
Settlement Administrator
P.O. Box 6697
Portland, OR 97228-6697