West: Owner Of Apartment Complex Sues Fertilizer Maker

A third lawsuit has been filed against the company that sold tons of fertilizer to West Fertilizer Co. before the deadly April 17 explosion.

(Law firm photo)

WEST (July 31, 2013)-- Two Houston attorneys who already represent more than 30 victims of the April 17 fertilizer plant explosion in West have filed another lawsuit against the company that sold the plant hundreds of tons of ammonium nitrate before the blast that killed 15, injured 200 and damaged or destroyed dozens of buildings

The suit filed by Mo Aziz of Abraham, Watkins, Nichols, Sorrels, Agosto & Friend and Chad Pinkerton of The Pinkerton Law Firm on behalf of the company that owned and operated an apartment complex destroyed by the blast alleges that CF Industries failed to inspect the storage facility at West Fertilizer Co. and failed to include an additive in the ammonium nitrate that would have made the chemical safer to store and handle.

“The apartment complex that we represent was completely destroyed by the blast. In addition to structural damages, we are also claiming business interruption losses, that is, lost rental income,” Aziz said.

The two attorneys filed suit earlier this month on behalf of more than 30 victims of the explosion.

The City of West filed suit in June, seeking unspecified damages of more than $1 million.

The city’s suit names Adair Grain, Inc., the owner of the fertilizer plant; CF Industries Sales, LLC based in Wilmington, Del.; CF Industries Holdings, Inc., based in Deerfield, Ill., and CF Industries, Inc., also based in Deerfield, Ill.

(Read The City Of West’s Lawsuit)

CF Industries is the second largest nitrogen fertilizer producer and third largest phosphate fertilizer producer among public companies in the world, according to information on the company’s Website.

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