Two lawsuits filed against West Fertilizer Company - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

Two lawsuits filed against West Fertilizer Company

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WACO -

The first two of many lawsuits to be filed against the West Fertilizer Company are from one West resident and multiple insurance companies. 

The lawsuit from West resident, Andrea Jones Gutierrez, is asking for over $500,000 but no more than one million dollars in damages.

According to the lawsuit filed by Roberts and Roberts law firm out of Tyler, Gutierrez is suing for all of her and her child's loss of worldly possessions. Their apartment was destroyed by the blast. In addition, Gutierrez is also suing for her physical and emotional injuries.

The other lawsuit is being represented by a Dallas law firm, McCathern Law. Their direct clients are insurance companies who cover commercial or home properties.

"Under Texas law, subrogation of Texas law says the responsible party, whoever that may be, should bare the costs of all this," said Paul Grinke, one of the three attorney's representing the companies. "Not just because you have insurance there is someone who was negligent at fault, their insurance company should be the one who cares the brunt of the loss."'

At the time of the lawsuit filed Friday, April 19th, the Dallas law firm was representing 17 insurance companies. That number has grown, and other parties are starting to reach out.

"I think we're up to 34 properties that were just through the insurance and I've been contacted through a few individuals that were uninsured wholly, and they asked me to represent them, and I've got a few that were injured," said Grinke.

It could take a couple of months for the fertilizer plant investigation to be complete. Depending on the outcome of the investigation, more people may be involved in the lawsuit such as product manufactures, who may have responsibility. 

News Channel 25 reached out to the spokes person of the Fertilizer Company, and they declined to comment. 

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