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A Tennessee family has filed a lawsuit against Impact Plastics, claiming the company and its CEO, Gerald O’Connor, prioritized profits over employee safety during Hurricane Helene. The lawsuit, filed by the family of Johnny Peterson, a 55-year-old factory worker who lost his life in the flood, paints a disturbing picture of how management handled the deadly storm. It alleges that while managers fled to safety, workers were forced to stay behind.
Peterson was one of two confirmed fatalities at the Impact Plastics factory in Erwin on September 27, when catastrophic flooding struck the area. According to reports, eleven employees were swept away by floodwaters; while five were rescued, four remain missing. Peterson’s family is now taking legal action, accusing the company of gross negligence.
The lawsuit claims that as early as 10 a.m., employees began receiving warnings from the National Weather Service to seek higher ground due to the approaching storm. However, Impact Plastics allegedly ignored these warnings, instructing workers to stay and continue their duties. At 10:30 a.m., workers were reportedly told to move their cars as the parking lot began to flood. Despite this, no evacuation orders were given.
By 11:35 a.m., the lawsuit alleges that senior management, including O’Connor, quietly exited the building, leaving their employees behind. “They snuck out,” the lawsuit states, while workers assumed they would soon be allowed to leave as well, especially since schools and other businesses were closing due to the hurricane. However, instead of sending employees home, the company reportedly insisted they stay to meet order deadlines.
The situation worsened as water levels rose, flooding the parking lot and cutting off power to the plant. It wasn’t until the situation became dire that employees were finally told they could leave, the lawsuit claims. By then, it was too late for many.
The court filing includes heart-wrenching details about Peterson’s final moments. Text messages exchanged with his family show his growing fear as the floodwaters closed in. He stepped outside to assess the situation but returned inside to help coworkers who were trapped. Unfortunately, Peterson became trapped himself, unable to escape by car as the waters rose.
In a desperate attempt to survive, Peterson climbed onto the bed of a semi-trailer. “Johnny knew he could not survive much longer as the water levels continued to swell and pummel the semi-trailer,” the lawsuit reveals. His final text, sent to his daughter at 1:17 p.m., read, “I love you allllll.” It was the last message Alexa Peterson received from her father.
Hurricane Helene left devastation in its wake, with reports of nearly 250 fatalities across six states. In Erwin alone, where Peterson lost his life, dozens of people had to be rescued from the roof of a nearby hospital.
The 28-page lawsuit holds Impact Plastics and O’Connor responsible for failing to implement a proper evacuation plan, despite being located in a floodplain that regularly saw water intrude into the factory’s parking lot. The suit contends that had the company acted on the warnings from the National Weather Service, the tragedy could have been avoided.
“Based on information we’ve uncovered, including accounts from surviving employees, we believe this tragedy could have been avoided,” said Zack Lawson, the family’s attorney, in a statement to Knox News. “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.”
Efforts to reach O’Connor’s attorney for comment were unsuccessful.
This legal battle highlights the broader issue of workplace safety during natural disasters, raising questions about how much responsibility companies bear for protecting their workers in such dangerous conditions. For the Peterson family, the lawsuit is not just about seeking justice for Johnny’s death but also about ensuring that such negligence never happens again.
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