UNICOI COUNTY, Tenn. (WJHL) — The family of Johnny Peterson, a foreman who was killed Sept. 27 after trying to rescue his colleagues from floodwaters at Impact Plastics in Erwin, has filed a $25 million wrongful death lawsuit against Impact Plastics Inc. and its CEO. “We’re filing a lawsuit on behalf of Johnny Peterson’s family […]
UNICOI COUNTY, Tenn. (WJHL) — The family of Johnny Peterson, a foreman who was killed Sept. 27 after trying to rescue his colleagues from floodwaters at Impact Plastics in Erwin, has filed a $25 million wrongful death lawsuit against Impact Plastics Inc. and its CEO.
“We’re filing a lawsuit on behalf of Johnny Peterson’s family for the negligence of the company, Impact Plastics and its CEO, Gerald O’Connor,” Alex Little, attorney and managing partner of Litson PLLC, told News Channel 11 Monday. Later that afternoon, the suit was filed in Unicoi County Circuit Court on behalf of Alexa Peterson, Johnny Peterson’s oldest daughter.
“These deaths and his, in particular, was entirely preventable,” Little said. “The company didn’t prevent it. And ultimately they’re responsible.”
Little said a main point of contention is the alleged lack of evacuation planning, or “Emergency Action Plan,” at Impact Plastics, especially with the property being in an officially declared and documented flood zone.
“Upon information and belief, Defendants had no EAP to safely evacuate or help its employees in the event of an emergency, including flooding,” the lawsuit states, adding that the company “did not review any EAP for flooding with any employees.”
The lawsuit goes into great detail about alleged text messages between Peterson and his family members as he and multiple other employees tried to escape on a trailer early the afternoon of Sept. 27.
“He texted his daughter for the last time at 1:17 p.m.,” the suit states. “‘I love you allllll,’ he managed to type out.”
It describes a text from Peterson’s father to his son 10 minutes later, minutes before he and a handful of other workers were swept off a flatbed trailer and didn’t survive:
“At 1:27 p.m., he asked his son: ‘You OK,’ to which his son responded, ‘Not for Long.’ This was the last text Johnny sent to anyone.”
Several other workers and rescuers on that trailer did survive.
The suit spends multiple pages chronicling what it claims was an ongoing refusal by the company to take the steps necessary for employee safety in the hours, and even days, before multiple employees lost their lives. It claims another employer on the same low-lying road, Foam Products Corp., announced early Sept. 26 — the day before the flooding — that it would be closed that day and Sept. 27 due to the risk of flooding.
“It was the company’s first weather closure in its 15-year history,” the lawsuit notes of the Foam Products decision. The suit alleges that Impact Plastic stayed open “because the company wanted to meet order deadlines.”
The lawsuit goes into detail about alleged events at the plant between 7 a.m. Sept. 27, when employees showed up for first shift, and around 11:35 a.m.
At that time, power had been out for an hour and Peterson had texted with family members about workers not having been officially told they could leave. He’d responded to Alexa Peterson’s 10:51 a.m. text asking whether Impact was “shutting it down for the day,” with a response, “they better,” the suit says.
But while employees had been given permission to move their cars to higher ground, one of those employees allegedly asked Impact Plastics’ chief financial officer, “within earshot of other employees, whether they could leave,” the suit says. “CFO Chambers said, ‘no, not until I speak to (Defendant O’Connor).”
Peterson’s father texted his son at 11:12 a.m. asking whether he was able to get his car out — some employees had taken photos of their submerged cars almost 45 minutes earlier — and Peterson replied, “I moved it. We can’t get out.”
According to the suit, by 11:35 a.m. “Defendant O’Connor and other senior management had stealthily exited the building out of the back door after securing some business documents from their own private offices.”
The lawsuit alleges three separate counts of wrongful death: general negligence by the company and O’Connor; negligence ‘per se’ for failing to maintain an EAP, against the company; and “premises liability” against both O’Connor and the company.
News Channel 11 has reached out to attorneys for Impact Plastics seeking comment on the lawsuit and has not heard back as of this publication.
Litson PLLC provided the following statement regarding the lawsuit:
“We are heartbroken over the tragic loss of Johnny Peterson, who was one of several employees who died as a result of the recent flooding at Impact Plastics in Erwin, Tennessee. Johnny was a loving father, and his passing is an immense loss to his family and the community. Today, we are filing a lawsuit on behalf of Johnny’s family. Based on information we’ve uncovered, including accounts from surviving employees, we believe this tragedy could have been avoided. 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.
Litson PLLC
Little told News Channel 11 that he will also represent survivor Jacob Ingram, who previously spoke out about the day the flooding took place and his experience at the plant.