Tennessee Employee's Family Sues Impact Plastics for Wrongful Death Following Hurricane Helene

https://icaro.icaromediagroup.com/system/images/photos/16372324/original/open-uri20241015-18-1jl3lbt?1729019241
ICARO Media Group
News
15/10/2024 19h05

### Tennessee Employee's Family Files Wrongful Death Lawsuit Following Hurricane Helene

The family of Johnny Peterson, a Tennessee employee who tragically died in the catastrophic flooding caused by Hurricane Helene, has initiated a wrongful death lawsuit against his employer, Impact Plastics. The legal action alleges that company officials required workers to remain on-site despite being aware of the impending danger.

On September 27, Peterson was among the workers who lost their lives when massive floodwaters inundated Erwin, a small town in eastern Tennessee. Survivors of the incident reported that they were not allowed to leave the plant until it was too late to evade the storm. The suit claims that employees were only dismissed after the plant’s parking lot became submerged and power outages began to occur.

The devastating floodwaters carried away 11 people, of whom only five were rescued. Tragically, two fatalities have been confirmed, contributing to a death toll nearing 250 across six states. Four employees from the factory remain unaccounted for, while rescue operations saved numerous individuals from a nearby hospital rooftop about a mile away.

Alex Little, representing the Peterson family, asserted that the tragedy was preventable. According to Little, Impact Plastics was fully aware of the flood risks but did not act to safeguard its employees. He emphasized that the company failed its workers despite their pleas for evacuation.

The 28-page suit targets both Impact Plastics and its owner, Gerald O'Connor. It claims the company lacked an appropriate evacuation plan, despite the plant being situated in a flood-prone area with a history of water encroachment. Notably, while other local institutions and businesses closed due to the hurricane, Impact Plastics allegedly insisted on continuing operations to meet order deadlines.

Details of Peterson’s last moments paint a grim picture. Employees received evacuation alerts around 10 a.m., but were only told to move their vehicles due to the flooding around 10:30 a.m. By approximately 11:35 a.m., senior management had exited the building discretely, leaving workers to assume it was safe to leave. Peterson re-entered the building to help others but became trapped himself.

Desperate, Peterson climbed onto a bed of a semi-trailer to escape. In his final text message sent at 1:17 p.m., he wrote "I love you allllll" to his daughter. His father, unable to reach emergency services, sent a text at 1:27 p.m. asking "You ok," to which Peterson replied, "Not for Long," marking his last message.

As investigations by the Tennessee Bureau of Investigation and the state's workplace safety office continue, Impact Plastics has defended its actions, claiming that employees were allowed to leave once the parking lot and service road were flooded and the power went out. O'Connor has maintained that no one was forced to work and that evacuations occurred well before the worst of the floodwaters struck.

The ongoing probes and the new lawsuit will further scrutinize these claims as the Peterson family seeks justice for their devastating loss.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

Related