An employee of the Tennessee family who died in the Helene floods is filing a lawsuit against the company

KNOXVILLE, Tenn. (AP) — The family of a Tennessee factory employee caught in flooding from Hurricane Helene has filed a wrongful death lawsuit against the company under federal investigation over claims that Impact Plastics only allowed workers to do so Leaving companies when it was too late.

Johnny Peterson was one of the workers clinging to the back of a flatbed truck as the Nolichucky River flooded it in Erwin, a small rural town in eastern Tennessee. The truck was struck by debris and eventually overturned, throwing employees into the water.

Peterson and four others were confirmed dead by Knox News, part of the USA TODAY Network. One worker remains missing.

“Based on information we 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 despite employees asking for permission to leave, the company failed to act. We will hold them accountable.”

Impact Plastics denied that it did not allow employees to evacuate until it was too late. The Tennessee Bureau of Investigation and the Tennessee Occupational Safety and Health Administration have opened investigations into the company.

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 deaths in the state, including eight in Unicoi County, home of Impact Plastics.

Lawsuit: Workers clung to trucks as floodwaters rose

The lawsuit, filed Monday in Unicoi County, cites emails showing that employees were expected at work on Sept. 27 and managers were scheduling meetings as flooding increased that Friday. Helene made landfall in Florida on September 26 as a Category 4 hurricane and tracked north for several hours, with winds remaining catastrophic.

CFO Susan Chambers sent an email to Peterson and other executives, including founder and president Gerald O’Connor, on Sept. 25 with the subject line “Friday.” The text of the email read: “Please be sure to turn off your computers when you leave on Friday as the power will be out over the weekend. Susan.”

Separately at 9:28 a.m., minutes after the National Weather Service warned of dangerous flooding in the second text message, production manager Sarah Vance emailed Peterson, Chambers and four other employees to schedule a “tool meeting” on the 13th :00 p.m. to be postponed

“The expectation was that everyone would still be at work at this point,” the lawsuit says.

Tony Treadway, a spokesman for Impact Plastics, previously shared the company’s internal investigation findings with media. The company said it released its employees from work no later than 10:50 a.m. on September 27.

A lawyer 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

Peterson was not part of that group, Lawson told Knox News.

“So I don’t think (O’Connor) meant Johnny,” Lawson said. “He was referring to upper management who worked in the office. So Johnny worked on the floor with the factory workers… upper management worked in the office and they went separately. Johnny is on one side with the people. We think these people went out the back.

The lawsuit states that Peterson’s daughter, Alexa Peterson, texted him at 10:51 a.m. asking if they were closing for the day. Peterson replied, “You’re better.”

“Johnny responded in this manner because defendant O’Connor and management had not fired the employees by 10:51 a.m.,” the lawsuit states.

According to the lawsuit, Peterson and other employees were trapped at 11:12 a.m. An hour later, he and a few others got into a tractor-trailer in the parking lot.

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

Ten minutes later, the lawsuit says, Peterson’s father, who is not named, texted him and asked if he was OK. Peterson replied, “Not for long.”

It was the last message he sent.

“He tried to help people and persevere.”

Peterson, 55, was a plant manager who had worked at the plant for more than 35 years and joined shortly after it opened. Lawson said Peterson died a hero as he helped people into the back of the truck.

“And he was trying to hold on, he was trying to help people hold on and hold on,” he said. “When the truck rolled over, it fell down. But definitely some of the women, some of the people who survived are there because of him.”

Debris struck the truck, knocking everyone on board into the water. Some of the workers were later rescued by a Tennessee National Guard helicopter.

The coalition in Tennessee is calling for new security laws

The allegations against Impact Plastics amid Helene’s devastating trail are leading to calls for more worker protection.

Tennessee For All, a statewide coalition of faith, labor and community organizations, has launched a petition calling on Gov. Bill Lee and the state Legislature to pass new workplace safety laws to prevent another disaster.

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

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

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

Tyler Whetstone is an investigative reporter focused on accountability journalism. Get in touch with Tyler by sending him an email 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 flood death in Helene