Johnny Peterson, one of the employees of Impact Plastics, tragically lost his life on September 27 when the flooding caused by Hurricane Helene struck Erwin, a small rural town in eastern Tennessee. Several surviving employees have come forward, revealing that they were prevented from leaving the plant in time to escape the devastating effects of the storm.
“We firmly believe that this tragic event could have been prevented,” stated Alex Little, a lawyer representing Peterson’s family. “From the testimonies of surviving employees and the information we have gathered, it is clear that Impact Plastics had prior knowledge of the flood risks. Despite numerous requests from employees for permission to leave, the company failed to take appropriate action. We are determined to hold them accountable for their negligence.”
According to a lawsuit filed on Monday, Impact Plastics, a factory located in a federally-designated flood plain, is being accused of not having an emergency action plan. The 28-page lawsuit highlights this failure and raises concerns about the safety of the facility.
According to the lawsuit, Impact Plastics allegedly required its employees to report to work during Hurricane Helene, despite other businesses and schools announcing closures. The company’s motive was to ensure that order deadlines were met.
Richard Jarvis, an employee at Impact Plastics, recounted the chaotic scene where panic was in full swing and people were clueless about how to respond. He emphasized the lack of an evacuation plan, leaving everyone feeling helpless.
Allegations in the Impact Plastics lawsuit
The suit also presents a grim account of Peterson’s final moments with his family, including text messages expressing his fears that he would not make it out of the floodwaters.
Just hours before, the lawsuit claims that employees began getting notifications about 10 a.m. advising everyone who could to leave to higher ground. Staff received instructions to move their cars around 10:30 a.m. due to flooding in the parking area.
The lawsuit further alleges that around 11:35 a.m., senior management, including O’Connor, “stealthily exited the building,” leading employees to believe they were under fire. After stepping outside, Peterson went back to the office to help the “trapped” employees, but the flooding made it difficult for him to leave by automobile.
Peterson managed to climb onto the bed of a semi-trailer in an attempt to flee the scene. However, the lawsuit states that by around 1 p.m., the parking lot had completely submerged, causing telephone poles to collapse and the walls of the Impact Plastics building to cave in.
“Johnny realized he couldn’t last much longer as the water levels continued to rise and pound the semi-trailer. He texted his daughter for the final time at 1:17 p.m. ‘I love you all,’ he managed to type.
“This was the last text Alexa Peterson received from her father,” the lawsuit read.
“Johnny’s father tried desperately to contact emergency services but was unable. At 1:27 p.m., he asked his son, ‘Are you okay?’ His son replied, ‘Not for long.’ “This was Johnny’s last text message to anyone,” the lawsuit said.
The lawsuit claims that Impact Plastics and O’Connor’s acts constitute a “gross deviation from the standard of care that an ordinary person would exercise under all circumstances.”
Tennessee investigation
The lawsuit comes after the Tennessee Bureau of Investigation’s announcement earlier this month that it was examining charges regarding Impact Plastics at the request of the county prosecutor. The state’s occupational safety office has also launched an investigation into the circumstances surrounding the deaths.
Impact Plastics has stated that the company was monitoring weather conditions on September 27 and that managers dismissed employees “when water began to cover the parking lot and the adjacent service road, and the plant lost power.”
Meanwhile, O’Connor has stated that no employees were compelled to continue working and that they were evacuated at least 45 minutes before the big flood struck the industrial complex.
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