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City Of West Files Lawsuit Against West Fertilizer Company

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WEST (CBSDFW.COM) - The City of West has filed a lawsuit against Adair Grain, Inc.,  the owner of the West Fertilizer Company, late Friday afternoon, in the wake of the April 17 explosion that killed 15 people and injured 200.  Also named as defendants in the suit: CF Industries Sales, LLC, CF Industries Holdings Inc., and CF Industries Inc.

Click For Comprehensive Coverage of the West Fertilizer Plant Explosion

The suit claims that CF Industries supplied hundreds of tons of ammonium nitrate to the West Fertilizer company without properly inspecting the facility to determine if it was safe for storage of the dangerous chemical.  The lawsuit also states that West Fertilizer Company was negligent in the way in which it stored the chemical.

The City of West is asking for damages in excess of one million dollars and a jury trial.

No city officials would comment on the lawsuit.  A lawyer from the firm representing the city in this case had this to say about the lawsuit and its claims:

“We believe that we’re going to find that those other entities…had even superior knowledge…to West Fertilizer about the dangers of ammonium nitrate,” said Steve Harrison of law firm Harrison Davis Steakley & Morrison.   “Those claims are based on what is known as product liability, defects in design, manufacturing, marketing, of the ammonium nitrate. And also in negligence in those same respects and in, with respect to their failure to inspect the facility to which they were delivering all of this ammonium nitrate.”

READ ENTIRE CITY OF WEST LAWSUIT BELOW:

Just one week ago, the Federal Emergency Management Agency rejected an appeal requesting relief money for an estimated $57 million in explosion damages, including $40 million needed to rebuild a destroyed elementary school.

According to FEMA, a major disaster declaration “can be a result of hurricanes, earthquakes, flood, tornadoes or major fires…The event must be clearly more than state or local governments can handle alone.”

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