Devastating Flood Claims Lives at Tennessee Factory
In a tragic turn of events following Hurricane Helene’s devastating impact on East Tennessee, the family of a factory worker who lost his life in the ensuing floods has filed a wrongful death lawsuit against Impact Plastics. The legal action, seeking at least $25 million in damages, sheds light on the circumstances surrounding one of the deadliest incidents in a storm that claimed over 230 lives across the United States.
5 Key Points
- The family of Johnny Peterson files a $25 million wrongful death lawsuit against Impact Plastics.
- The lawsuit alleges the company prioritized profit over worker safety during Hurricane Helene.
- At least five factory workers died in the flooding, with one still missing.
- The suit claims employees were not allowed to leave despite flood warnings.
- Impact Plastics disputes allegations, saying workers were dismissed after a power outage.
Details of the Lawsuit
The wrongful death lawsuit, filed on Monday, targets Impact Plastics and its CEO, Gerald O’Connor. The legal action was initiated by the family of Johnny Peterson, one of at least five factory workers who perished when the Nolichucky River breached its banks on September 27, 2024. The floodwaters transformed the area around the factory into treacherous rapids, sweeping away 11 plant workers in total.
The lawsuit’s complaint doesn’t mince words, stating, “Impact Plastics, led by Mr. O’Connor, chose greed over the safety of its workers.” It further asserts that the deaths resulting from Hurricane Helene’s flooding were not only tragic but “entirely preventable.” This legal move adds a new dimension to the aftermath of the hurricane, which stands as the deadliest to hit the U.S. mainland since Hurricane Katrina in 2005.
Allegations of Negligence
The lawsuit brings forth several severe allegations against Impact Plastics. According to the complaint, the company was aware of the flood risks but failed to take appropriate action. The legal document claims that employees had requested permission to leave as the situation worsened, but the company did not grant it.
One of the most damning allegations involves an email sent on September 25, just days before the tragedy. The email, with the subject line “Friday,” reportedly indicated that employees would be working on the day the storm was set to arrive. This decision was made despite the area being under a flood watch and local schools closing as a precaution.
The lawsuit further alleges that Impact Plastics did not brief workers on an Emergency Action Plan despite the factory’s location in a flood plain. Questions also arise about whether the company had a flood evacuation plan at all.
Company’s Response to Accusations
Impact Plastics has disputed several of the allegations made in the lawsuit. In a statement released on October 3, the company provided a “preliminary internal review of events” at the Erwin plant. The statement acknowledged that flooding in the parking lot was expected due to the factory’s low-lying location.
According to the company’s account, water began pooling in the parking lot around 10:35 a.m. on the day of the incident. Impact Plastics claims employees were dismissed from work shortly after a power outage at 10:39 a.m. following public warnings that pinged cell phones approximately a minute later.
The company also contested the allegation that no emergency plans were in place. Their statement asserted, “Written evacuation plans were posted in conspicuous areas of the plant many months prior” to the storm.
Ongoing Investigations and Broader Impact
The incident has sparked investigations by multiple state agencies. The Tennessee Bureau of Investigations and the Tennessee Occupational Safety and Health Administration are conducting inquiries into the circumstances surrounding the deaths. However, these agencies have indicated that the conclusion of their investigations is likely months away.
The tragedy at Impact Plastics represents one of the most severe incidents after Hurricane Helene. With over 230 lives lost across the affected regions, the storm has left a trail of destruction and raised questions about disaster preparedness and corporate responsibility in the face of extreme weather events.
Worker’s Final Moments
The wrongful death lawsuit provides a harrowing account of Johnny Peterson’s last known moments. As the situation at the factory deteriorated, Peterson reportedly texted several photos and videos to his family members. These images, included in the lawsuit, show employees’ vehicles submerged and inoperable as Peterson attempted to take refuge in a semi-trailer off company property.
In a heartbreaking final text exchange with his father at 1:27 p.m., Peterson’s father asked, “You ok,” to which Peterson replied, “Not for Long.” This was the last communication received from him. The lawsuit states that Peterson did not die at the factory itself but “on the only available route from the workplace after he was dismissed from work.”
FAQ
Q: Do you qualify for a wrongful death lawsuit?
A: To see if you qualify, click here.
Q: What is the basis of the wrongful death lawsuit against Impact Plastics?
A: The lawsuit alleges that Impact Plastics prioritized profit over worker safety during Hurricane Helene, resulting in the death of Johnny Peterson and other employees.
Q: How much compensation is the family seeking?
A: The lawsuit seeks at least $25 million in damages from Impact Plastics and its CEO.
Q: How many workers were affected by the flooding at Impact Plastics?
A: Eleven plant workers were swept away by floodwaters, with at least five confirmed dead and one still missing.
Q: What is Impact Plastics’ response to the allegations?
A: Impact Plastics disputes the allegations, stating that employees were dismissed after a power outage and evacuation plans were posted in the plant.
Q: Are there ongoing investigations into the incident?
A: Yes, the Tennessee Bureau of Investigations and the Tennessee Occupational Safety and Health Administration are conducting investigations, which are expected to take several months to complete.
Citations
Rose, A. (2024, October 16). Family of factory worker who died in Helene flooding files wrongful death suit against employer. CNN. https://www.cnn.com/2024/10/16/us/helene-flooding-impact-plastics-lawsuit
