Impact Plastics Hit With $25-million Wrongful Death LawsuitImpact Plastics Hit With $25-million Wrongful Death Lawsuit
The family of employee Johnny Peterson, who perished in severe flooding caused by Hurricane Helene, blames the injection molding company for “reckless and negligent conduct” resulting in preventable deaths.
October 21, 2024

The family of Johnny Peterson, an employee of Impact Plastics who died in flooding caused by Hurricane Helene, is suing his employer for wrongful death. The lawsuit filed by Peterson’s eldest daughter, Alexa Peterson, with the Unicoi County Circuit Court in Tennessee claims that “several employees lost their lives because of the reckless and negligent conduct of Impact Plastics and its senior management.” The family is asking for a $25-million settlement.
Eleven employees swept away by flooding
A flash flood caused by Hurricane Helene raced through Erwin, TN, where Impact Plastics is located, on Sept. 27. As rain poured and the water rose, “Johnny and his co-workers asked to leave. Instead of evacuating or allowing employees to leave, the company simply told employees to move their cars to higher ground. By then, it was already too late,” states the lawsuit. A total of 11 Impact Plastics employees reportedly were swept away in the floodwaters. NBC News reported on Oct. 18 that the bodies of five employees of the injection molding firm, including Peterson, have been found, and that the search continues for a sixth missing employee.
Upsetting email from CFO
The lawsuit states that Peterson and several other Impact Plastics employees received an email from CFO Susan Chambers on Sept. 25 telling them to “make sure Friday when you leave to turn off your computers since the power will be down over the weekend.” The employees were “surprised and upset by the email and by the general expectation that they show up for work on Sept. 27, with Hurricane Helene fast approaching their county,” the filing goes on to say. Impact Plastics stayed open on Sept. 27 to meet order deadlines, it adds.
Just move your cars
As reported in PlasticsToday earlier this month, when flood waters began to submerge the company’s parking lot on Sept. 27, management told employees to move their cars to higher ground, but when they asked a supervisor if they should evacuate, were allegedly told that the situation wasn’t bad enough yet. The lawsuit goes into great detail laying out a timeline of events at the factory via text messages and emails. Notably, despite rain leaking through the plant ceiling and pooling in many places throughout the factory floor, along with alerts from the “Tennessee Emergency Management Agency, urging all who could to evacuate and flee to higher ground,” Impact Plastics employees “were not given permission" to leave. "Instead, they were only told that they could move their cars to the higher ground portion of the parking lot.” As shown in a photo taken by an Impact Plastics employee, which was submitted with the lawsuit filing, water levels in the parking lot were already too high to safely operate the vehicles.

As flood waters engulfed the Impact Plastics parking lot, employees were told to move their cars to higher ground but allegedly were not allowed to evacuate. Image taken from lawsuit submission with Unicoi County Circuit Court in Tennessee.
Peterson tried to rescue employees
Later that morning, when Peterson and fellow employees came to understand that they could go home, “he and others immediately started trying to find ways to leave the industrial park,” continues the lawsuit’s recounting of events. Peterson “went back inside the factory in an effort to help other employees trapped inside, who were also trying to leave after being dismissed.” He texted several photos of the flooding and destruction he witnessed, including a video embedded below.
At 1:17 p.m. that day, Peterson texted his daughter Alexa for the last time, typing, “I love you allllll.” Ten minutes later, Peterson’s father texted his son, asking if he was OK. “Not for long,” responded Johnny Peterson. It was the last text he sent to anyone, according to the lawsuit.
About the Author
You May Also Like