Family of Tennessee Employee Killed in Hurricane Helene Flooding Files Wrongful Death Lawsuit
NASHVILLE, Tenn. – The family of a Tennessee employee who perished in catastrophic flooding caused by Hurricane Helene has filed a wrongful death lawsuit against his employer, Impact Plastics. The lawsuit argues that workers were forced to remain at their posts despite warnings about dangerous conditions and that management failed to prioritize employee safety during the storm.
Johnny Peterson was among the Impact Plastics employees who died on September 27 after Helene’s flooding hit Erwin, a small town in eastern Tennessee. Many surviving employees have stated that they were not allowed to leave the plant in time to avoid the storm’s impact. They allege that they were not allowed to leave until water had flooded the plant’s parking lot and power went out.
The raging floodwaters swept away 11 employees, with only five being rescued. Two of those rescued later died, adding to the grim death toll across six states that now stands at nearly 250. Four additional employees from the factory remain missing.
“Based on information we’ve uncovered, including accounts from surviving employees, we believe this tragedy could have been avoided,” said Alex Little, an attorney representing Peterson’s family. “Impact Plastics was aware of the flood risks, and while employees requested permission to leave, the company failed to act. We will hold them accountable.”
The lawsuit, filed on Monday, names Impact Plastics and company owner Gerald O’Connor as defendants. O’Connor’s attorney has not yet responded to requests for comment.
The 28-page lawsuit alleges that Impact Plastics lacked a proper plan to safely evacuate employees, despite being located in a flood plain and experiencing regular flooding in its parking lot. The lawsuit further claims that while local schools and businesses announced closures due to Hurricane Helene, Impact Plastics instructed its employees to report to work in order to meet order deadlines.
The lawsuit details Peterson’s final moments with his family, including text messages revealing his fears of not escaping the floodwaters. The lawsuit alleges that around 10:30 a.m. on the day of the tragedy, employees were instructed to move their cars as the parking lot began to flood. Senior management, including O’Connor, allegedly left the building around 11:35 a.m., leading employees to believe they were dismissed from work. However, Peterson, who had stepped outside, returned to the building to help employees trapped inside but was eventually trapped himself.
Peterson managed to climb onto the bed of a semi-trailer in an attempt to escape the rising waters.
“Johnny knew he could not survive much longer as the water levels continued to swell and pummel the semi-trailer. He texted his daughter for the last time at 1:17 p.m. ‘I love you allllll,’ he managed to type out,” the lawsuit states. “This was the last text Alexa Peterson received from her father.”
The lawsuit continues, “Johnny’s father tried in desperation to reach emergency services but could not. At 1:27 p.m., he asked his son ‘You ok,’ to which his son responded ‘Not for Long.’ This was the last text Johnny sent to anyone.”
The lawsuit comes after the Tennessee Bureau of Investigation (TBI) announced earlier this month that it was investigating allegations involving Impact Plastics at the direction of the local prosecutor. The state’s workplace safety office has also opened its own probe into the circumstances surrounding the deaths.
Impact Plastics has maintained that it monitored weather conditions on September 27 and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”
O’Connor has stated that no employees were forced to continue working and that they were evacuated at least 45 minutes before the massive flood hit the industrial park.
This lawsuit, which presents a harrowing account of the final moments of Johnny Peterson’s life, will likely face significant legal challenges.
Key Takeaways:
- The family of a Tennessee employee who died in Hurricane Helene flooding has filed a wrongful death lawsuit against his employer, Impact Plastics.
- The lawsuit alleges that the company failed to prioritize employee safety, forcing workers to stay at their posts despite warnings about dangerous conditions.
- The lawsuit details a timeline of events, including text messages from Peterson expressing his fear as the floodwaters rose.
- The Tennessee Bureau of Investigation and the state’s workplace safety office are both investigating the circumstances surrounding the deaths.
- Impact Plastics has maintained that it acted appropriately in monitoring weather conditions and evacuating employees.
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