Family of Tennessee employee who died in Helene floods files lawsuit against company

KNOXVILLE, Tenn. — The family of a Tennessee factory employee caught in Hurricane Helene floodwaters has filed a wrongful death lawsuit against the company under state investigation over claims that Impact Plastics didn't allow workers to leave until it was too late.

Johnny Peterson was one of the workers who clung to the back of a flatbed semitruck as the Nolichucky River swarmed them in Erwin, a tiny rural town in eastern Tennessee. The truck was struck by debris and eventually flipped, knocking employees into the water.

Peterson, along with four others, have been confirmed dead by Knox News, part of the USA TODAY Network. One worker remains missing.

"Based on information we’ve uncovered, including accounts from surviving employees, we believe this tragedy could have been avoided," Zack Lawson, the family's attorney, said 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."

Impact Plastics has denied it didn't allow employees to evacuate until it was too late. The Tennessee Bureau of Investigation and Tennessee Occupational Safety and Health Administration have launched investigations into the business.

Helene killed at least 228 people across the Southeast late last month, making it the fourth deadliest hurricane to make landfall in the mainland United States since 1950. Officials in Tennessee have confirmed 17 fatalities in the state, including eight in Unicoi County, home to Impact Plastics.

Lawsuit: Workers clung to truck amid rising floodwaters

The lawsuit filed Monday in Unicoi County cites emails that show employees were expected at work on Sept. 27, and managers were planning meetings as floodwaters rose that Friday. Helene made landfall as a Category 4 hurricane in Florida on Sept. 26 and barreled north for the next several hours while maintaining catastrophic wind strength.

CFO Susan Chambers sent an email to Peterson and other managers, including Founder and President Gerald O’Connor, on Sept. 25 with a subject line of "Friday." The body of the email read: "Please make sure Friday when you leave to turn off your computers since the power will be down over the weekend. Susan."

Separately at 9:28 a.m., minutes after the second text alert from the National Weather Service warned of dangerous flooding, production controller Sarah Vance emailed Peterson, Chambers, and four other employees to reschedule a "Tool Meeting" to 1 p.m.

“The expectation was that everyone would still be at work come that time,” the lawsuit states.

Tony Treadway, a spokesman for Impact Plastics, previously sent media outlets the company's internal investigation results. The company said it released employees from work no later than 10:50 a.m. Sept. 27.

An attorney for O’Connor did not immediately respond to a request for comment. O'Connor said in an Oct. 3 statement that senior managers were the last to leave the plant at 11:35 a.m.

That group didn't include Peterson, Lawson told Knox News.

"So, I don't think (O'Connor) was referring to Johnny," Lawson said. "He was referring to the upper-level management that worked in the office. So, Johnny worked on the floor with the factory workers ... upper level-management worked in the office and they left separately. Johnny's on one side with the people at the front. Those folks, we believe, went out the back."

The lawsuit states that Peterson’s daughter, Alexa Peterson, texted him at 10:51 a.m. asking if they would shut down for the day. Peterson responded: "They better."

"Johnny responded in this fashion because Defendant O’Connor and senior management had not dismissed employees from the job by 10:51 a.m.," the lawsuit states.

By 11:12 a.m., Peterson and other employees were trapped, according to the lawsuit. An hour later, he and a few others got in the back of a semitruck in the parking lot.

At 1:17 p.m., Peterson texted Alexa "I love you allllll." It was the last time he communicated with his daughter.

Ten minutes later, according to the lawsuit, Peterson’s father, who is not named, texted him to ask if he was OK. Peterson responded: “Not for Long.”

It was the last message he sent.

'He was trying to help people on and hold on'

Peterson, 55, was a floor manager who had worked at the plant for over 35 years, joining shortly after it had opened. Lawson said Peterson died a hero, helping people onto the back of the truck.

"And he was trying to hold on, he was trying to help people on and hold on,” he said. “When the truck flipped, that’s when he (fell off). But certainly, some of the women, some of the folks that survived are there because of him.”

Debris hit the truck, knocking everyone aboard into the floodwaters. Some of the workers were later rescued by a Tennessee National Guard helicopter.

Tennessee coalition demands new safety laws

The allegations against Impact Plastics amid Helene's trail of devastation are spurring a push for more worker protections.

Tennessee For All, a statewide coalition of faith, labor, and community organizations, launched a petition demanding Gov. Bill Lee and the state legislature pass new worker safety laws to help prevent another disaster.

“As concerned citizens, we have to do more than talk, we have to act and make our voices heard. There are clear steps that can be taken to make safer workplaces for Tennesseans,” Scott Arnwine, president of the Knoxville-Oak Ridge Central Labor Council, said in a statement.

“Kids shouldn’t have worry about their parents not coming home from work because companies are cutting corners to maximize profits.”

Contributing: Devarrick Turner, Knox News; Minnah Arshad, USA TODAY

Tyler Whetstone is an investigative reporter focused on accountability journalism. Connect with Tyler by emailing him at [email protected]. Follow him on X, formerly known as Twitter, @tyler_whetstone.

This article originally appeared on Knoxville News Sentinel: Impact Plastics case: Family files lawsuit over Helene flood death