NASHVILLE, Tenn. — The relatives of a Tennessee worker who tragically lost his life due to severe flooding from Hurricane Helene have launched a wrongful death lawsuit against their former employer. They allege that employees were compelled to remain at work even as supervisors acknowledged increasingly hazardous conditions.
Johnny Peterson was among the Impact Plastics staff who perished on September 27, following the flooding that struck Erwin, a small town in eastern Tennessee. Numerous surviving employees have reported that they were not permitted to leave the facility in a timely manner to escape the impending storm. It was only when water had inundated the parking lot and caused a power outage that management decided to send workers home.
As the floodwaters surged, 11 individuals were swept away, with only five being rescued; two have been confirmed deceased. This incident is part of a broader tragedy across six states, which has resulted in nearly 250 fatalities. Additionally, four more workers from the factory remain unaccounted for after being caught in the flooding in Erwin. Reports indicate that several individuals were rescued from the roof of a nearby hospital.
“Evidence we’ve gathered, including testimonials from surviving staff members, suggests that this disaster could have been prevented,” said Alex Little, an attorney representing Peterson’s family. “Impact Plastics recognized the risks posed by the flood, and despite employees requesting to leave, the company neglected to take action. We intend to hold them responsible.”
The lawsuit, initiated on Monday, names both Impact Plastics and its owner, Gerald O’Connor, as defendants. O’Connor’s attorney has not yet responded to inquiries for comments regarding the suit.
The detailed 28-page document asserts that Impact Plastics lacked a mandated evacuation plan, despite being situated in a flood-prone area that frequently experienced water encroaching on its parking facilities. Furthermore, the lawsuit points out that while other local schools and businesses announced closures in response to Hurricane Helene, Impact Plastics required employees to report to work, citing the need to meet production deadlines.
The lawsuit also paints a grave picture of Peterson’s final moments with his loved ones, including text exchanges that expressed his worries about being unable to escape the rising water. Witness accounts indicate that notifications urging employees to move to higher ground began around 10 a.m. Subsequently, by 10:30 a.m., personnel were advised to relocate their vehicles due to flooding in the parking lot.
According to the allegations, senior management, including O’Connor, discreetly left the premises around 11:35 a.m. Employees were led to believe that they had been dismissed. Peterson, who had initially exited the building, re-entered to assist those still trapped inside but ultimately found himself unable to escape as conditions worsened with rising water levels.
In a desperate attempt to evade the flooding, Peterson climbed atop the bed of a semi-trailer. The lawsuit recounts, “Johnny realized he could only survive for a limited time as the waters continued to rise and crash against the semi-trailer. He last texted his daughter at 1:17 p.m. saying, ‘I love you allllll.’ This was the final message Alexa Peterson received from her father.”
In a poignant moment, Peterson’s father desperately tried to contact emergency services. At 1:27 p.m., he sent a message asking, “You ok?” to which Johnny replied, “Not for Long.” This was the last communication he sent to anyone.
This lawsuit comes in the wake of the Tennessee Bureau of Investigation revealing that it is examining allegations concerning Impact Plastics at the request of the local prosecutor. Additionally, the state’s workplace safety agency is conducting an inquiry into the events surrounding these fatalities.
Impact Plastics has claimed that it was closely monitoring the weather conditions on September 27 and asserted that employees were let go only once water began to cover the parking lot and adjacent service road, along with the loss of power at the facility. O’Connor maintains that no employees were obligated to keep working and insists that they were evacuated at least 45 minutes prior to the flood’s devastating impact on the industrial area.