Family of factory worker who died in Helene flooding files wrongful death suit against employer

By Andy Rose, CNN

(CNN) — The East Tennessee company that saw at least five of its factory workers swept away in flooding from Hurricane Helene now faces a lawsuit from the family of one victim asking for at least $25 million.

The wrongful death suit was filed Monday against Impact Plastics and CEO Gerald O’Connor.

“Impact Plastics, led by Mr. O’Connor, chose greed over the safety of its workers,” the complaint states. “The deaths caused by Hurricane Helene’s flooding were not just tragic — they were entirely preventable.”

The lawsuit was filed by the family of Johnny Peterson, who was working at the factory September 27 shortly before the storm pushed the Nolichucky River over its banks, turning the area around the factory into rushing rapids. In all, 11 plant workers were swept away by the floodwaters, and only five were rescued.

Peterson and four other employees were found dead after fleeing the factory and being swept away.

One worker, Rosa Andrade, is still missing. “We are still actively searching for her today,” Unicoi County Search and Rescue told CNN via email Wednesday.

The lawsuit adds crucial new details to allegations about one of the deadliest incidents in the storm that claimed more than 230 lives, the deadliest hurricane to strike the US mainland since Katrina in 2005.

“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,” the plaintiff’s attorneys Litson PLLC said in a statement.

Investigations into the circumstances of the deaths are being conducted by the Tennessee Bureau of Investigations and the Tennessee Occupational Safety and Health Administration. The state agencies have advised the conclusion of those inquiries is likely months away.

O’Connor has only spoken publicly once about the tragedy, reading a statement on video from an undisclosed location he said was necessary because of death threats. “There was time to escape,” O’Connor said. “Employees were not told at any time that they would be fired if they left the plant.”

Dispute over whether workers could leave

According to the lawsuit, Peterson and other workers were “surprised and upset” by a September 25 email with the subject line “Friday” indicating they would be working on the day the storm arrived, even though the area was under a flood watch and local public schools were closed. The email said to “turn off your computers since the power will be down over the weekend.”

The complaint alleges Impact Plastics did not brief workers on an Emergency Action Plan despite being located in a flood plain and may not have had a flood evacuation plan at all.

That Friday, the first shift began at 7:30 a.m. even as heavy rain was already falling, the lawsuit states.

According to the lawsuit, emergency alerts were ringing on cell phones at the factory throughout their shift that morning, as the National Weather Service issued a flash flood emergency and urged people to move to higher ground.

“Employees were instructed that the shift would proceed as usual,” the complaint states, even as water was beginning to leak through the roof.

Impact Plastics released a statement on October 3 describing what it called a “preliminary internal review of events” at the Erwin plant. The company acknowledged flooding in its parking lot was a common occurrence because of the low-lying location of the factory, and said water began to pool in its parking lot around 10:35 a.m.

Impact Plastics said employees were dismissed from work shortly after a power outage at 10:39 a.m. and after public warnings pinged cell phones approximately a minute later.

The company also disputed there were no emergency plans. “Written evacuation plans were posted in conspicuous areas of the plant many months prior” to the storm, the company said in a statement.

The company’s statement was released by public relations consultant Tony Treadway, who told CNN on Wednesday he no longer represents Impact Plastics. Their attorney, Stephen Johnson, did not return requests for comment Wednesday.

Peterson texted family photos of flooding

The Peterson family’s lawsuit paints a picture of increasingly frightened and desperate workers, fearing their efforts to escape the flooding were already too late.

Peterson texted several photos and videos to members of his family, which are included in the lawsuit, showing employees’ vehicles submerged and inoperable as he attempted to take refuge in a semi-trailer off company property, according to the suit.

Peterson had one final text exchange with his father at 1:27 p.m., the lawsuit says.

“You ok,” Peterson’s father asked. “Not for Long,” Peterson replied. He was never heard from again.

Peterson did not die at the factory, but “on the only available route from the workplace after he was dismissed from work,” the lawsuit states.

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