Relatives of the deceased factory worker, who tragically perished in the Helene flooding, initiate a wrongful death lawsuit against their employer.
The wrongful death lawsuit was initiated on Monday against Impact Plastics and its CEO, Gerald O'Connor.
The lawsuit alleges that Impact Plastics, under O'Connor's leadership, prioritized greed over the safety of its employees. The deaths caused by Hurricane Helene's flooding were not just unfortunate, but preventable.
The lawsuit was filed by the family of Johnny Peterson, who was working at the factory on September 27, right before the storm drove the Nolichucky River over its banks, turning the factory area into rushing rapids. In total, 11 plant workers were swept away by the floodwaters, and only 5 were rescued.
Peterson and four other employees perished after leaving the factory and being swept away. One worker, Rosa Andrade, is still missing. "We are still actively searching for her today," Unicoi County Search and Rescue confirmed via email to CNN.
The lawsuit provides new details to the allegations surrounding one of the deadliest incidents during the storm, which claimed more than 230 lives, the deadliest hurricane to hit the US mainland since Katrina in 2005.
The lawsuit states that Impact Plastics was aware of the flood risks, yet failed to act despite employees requesting permission to leave. "We will hold them accountable," Litson PLLC, the plaintiff's attorneys, declared in a statement.
Investigations into the circumstances of the deaths are being conducted by the Tennessee Bureau of Investigations and the Tennessee Occupational Safety and Health Administration. Conclusions from these investigations are expected months later.
O'Connor has only spoken publicly once about the tragedy, reading a statement from a secret location he said was necessary due to death threats. "There was time to escape," O'Connor said. "Employees were not told at any time that they would be fired if they left the plant."
Debate over employee departure
According to the lawsuit, Peterson and other workers were surprised and upset by a September 25 email titled "Friday," indicating they would be working despite the flood watch and local school closures. The email advised employees to turn off their computers since the power would be out over the weekend.
The complaint alleges that Impact Plastics did not inform workers about an Emergency Action Plan, even though they were located in a floodplain and may not have had a flood evacuation plan.
On that Friday, the first shift began at 7:30 a.m. despite heavy rainfall. The lawsuit mentions that emergency alerts were ringing on cell phones throughout their shift, as the National Weather Service issued a flash flood emergency and advised people to move to higher ground.
The lawsuit claims that employees were instructed to continue their shift, even as water began to seep through the factory roof.
Impact Plastics released a statement on October 3, detailing a "preliminary internal review of events" at the Erwin plant. The company acknowledged that flooding in the parking lot was common because of the factory's low-lying location. The statement also claimed that water began to pool in the parking lot around 10:35 a.m., prompting the dismissal of employees shortly after a power outage at 10:39 a.m. and a minute later, when public warnings pinged cell phones.
The company disputed the absence of emergency plans, claiming written evacuation plans were posted in conspicuous areas of the plant months prior to the storm. The company's statement was released by public relations consultant Tony Treadway, who confirmed he no longer represented Impact Plastics. The company's attorney, Stephen Johnson, did not return requests for comment.
Peterson sent texts to family
The Peterson family's lawsuit offers a chilling depiction of an increasingly fearful and desperate workforce, terrified that their escape attempts had already been futile.
Peterson sent photos and videos to family members, according to the lawsuit, showing vehicles submerged and unusable as he sought shelter in a semi-trailer off company property.
Peterson had a final text exchange with his father at 1:27 p.m., the lawsuit states. "You ok," Peterson's father asked. "Not for Long," Peterson replied. He was never heard from again.
Peterson did not perish at the factory but "on the only available route from the workplace after being dismissed from work," the lawsuit explains.
The Peterson family, along with Us, are seeking justice in the wrongful death lawsuit against Impact Plastics and its CEO, Gerald O'Connor. The lawsuit claims that Impact Plastics failed to act despite being aware of the flood risks and employees' requests to leave, leading to the tragic deaths of several workers during Hurricane Helene.
