Wrongful death lawsuit hangs over Impact Plastics, CEO

ERWIN — Impact Plastics, after almost a year, is still the subject of the only county or federal civil suit in the wake of Helene.Alexa Peterson's suit against Impact and CEO Gerald O'Connor paints a picture of her father Johnny Peterson and other Impact employees having to work on Sept. 27 as multiple flood warning and emergency cell phone alerts were received as early as 8:50 a.m. that day by employees and company officials.Johnny Peterson was one of six employees whose bodies were found downstream after the rising Nolichucky River swept them from a semi trailer parked near the Impact premises.Before Peterson and other employees were released from work, the suit alleges, O'Connor and other Impact officials had gathered company documents and left the building under stealth.According to Unicoi County Circuit Court records, there has been no action on the suit since a December response by Impact Plastics attorneys disputing Alexa Peterson's claims of negligence by company officials.Peterson's suit includes claims that O'Connor and company CFO Susan Chambers delayed closing the plant even as Unicoi County Schools and another nearby business closed Sept. 27 for flooding concerns.Besides claims of various acts of negligence the day of the flood, the suit alleges that Impact Plastics was located in a federal- and state-designated flood plain.The suit includes details from Johnny Peterson's cell texts, videos and photos of flooding inside Impact, floodwater-isolated vehicles in the parking lot and floodwaters sweeping around the Impact building and the semi trailer where he climbed for escape.Two final texts from Johnny Peterson — after he left the building — were also cited in the suit: "I love you allllll" to Alexa at 1:17 p.m. and "Not for Long" at 1:27 p.m. when Johnny's father texted him to ask if he was alright.The suit alleges three counts of wrongful death against O'Connor and the company for negligence in requiring employees to work when a probable danger existed with Helene, failure to maintain an emergency action plan, and premises liability.Claiming that Impact and O'Connor's negligence and actions are criminal under Tennessee law, the suit argues that no limits should be placed on noneconomic damages from Johnny Peterson's death.Alexa Peterson seeks a minimum of $25 million in damages and other court-determined relief through a jury trial.The Tennessee Bureau of Investigation cleared the company of criminal wrongdoing in July, after looking into how Peterson and five other employees died after they tried to escape rising Nolichucky River floodwaters around the company.In October, O'Connor stated that no company employees, to the company's knowledge, died on the Impact premises on Sept. 27.