Impact Plastics and its CEO, Gerald O’Connor, face a wrongful death lawsuit following the tragic loss of an employee during Hurricane Helene’s devastating floods.
The suit, filed by Johnny Peterson’s family, alleges that the company knowingly endangered employees by forcing them to remain at the factory in Erwin, Tennessee, despite worsening conditions. Peterson and another employee died on September 27, while four remain missing, swept away by rising floodwaters.
According to the lawsuit, managers restricted employees from leaving the factory until after flooding had overtaken the parking lot and the plant lost power.
The suit contends that while local schools and businesses closed in advance, Impact Plastics ordered its employees to report to work to meet order deadlines.
Despite concerns raised by employees about the storm’s risks, the company allegedly failed to implement any emergency evacuation plan, even though the factory was located in a floodplain.
Attorney Alex Little, representing Peterson’s family, asserted that the company disregarded safety warnings and prioritized profit over employee safety.
He noted that employees were warned as early as 10 a.m. to evacuate to higher ground, yet managers did not dismiss workers until well after floodwaters began encroaching on the premises.
At approximately 11:35 a.m., O’Connor and senior managers reportedly left the building, and employees believed they could finally go home.
However, Peterson, who had returned to help coworkers trapped inside, found himself caught by the rising waters, which soon engulfed the factory.
The lawsuit details the harrowing final moments Peterson shared with his family. Text messages reveal Peterson’s fear as he struggled to escape. At 1:17 p.m., Peterson sent a final message to his daughter, expressing his love.
Minutes later, he exchanged his last texts with his father, indicating he didn’t expect to survive. His father’s attempts to reach emergency services proved futile as the floodwaters continued to rise.
The suit accuses Impact Plastics of failing to uphold basic safety protocols, describing the company’s response as a “gross deviation from the standard of care.” It also highlights the absence of an emergency action plan, which allegedly exacerbated the danger to employees.
This legal action comes on the heels of a Tennessee Bureau of Investigation probe, initiated at the request of local prosecutors, into the circumstances surrounding the fatalities.
Additionally, the state’s workplace safety office is conducting its own investigation into potential safety violations. While Impact Plastics maintains that employees were dismissed as soon as flooding became evident, O’Connor has stated that no one was forced to stay and that evacuation orders were given well before floodwaters fully inundated the facility.
