Tennessee CEO fled Helene while some workers who were ordered to stay later drowned, lawsuit alleges

Tennessee lawsuit against Impact Plastics alleges CEO snuck out, survived

The family of a man killed as a result of Hurricane Helene floodwaters in Tennessee has filed a wrongful death lawsuit, alleging his employer "chose greed over the safety of its workers."

Johnny Peterson, 55, was among the Impact Plastics employees who died on Sept. 27 after Helene's flooding hit the small, rural town of Erwin in eastern Tennessee.

Surviving employees said they were not told they could leave until the factory lost power, and their cars had already been overtaken by water. 

"They had no emergency action plan, despite the factory being located in a federally-designated flood plan," the 28-page lawsuit filed on behalf of Peterson's next of kin, Alexa Peterson, by attorney Alex Little in Unicoi County states. 

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Floodwaters outside Impact Plastics

Floodwaters outside Impact Plastics in Erwin, Tennessee, as seen on Sept. 27.  (Circuit Court for the state of Tennessee First Judicial District, Unicoi County / Fox News)

The court-filed documents also allege Impact Plastics CEO Gerald O'Connor Jr. "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 suit states Peterson was the father of four children, with Alexa being the oldest, and that he had climbed into the bed of a semi-trailer in an attempt to escape.

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Impact Plastics parking lot

Employees were first told to move their cars to higher ground before they were officially released from duty, a lawsuit filed alleges.  (Circuit Court for the state of Tennessee First Judicial District, Unicoi County / Fox News)

"He texted his daughter for the last time at 1:17 p.m. ‘I love you allllll,’ he managed to type out. This was the last text Alexa Peterson received from her father," the suit states. 

Peterson is one of five Impact Plastic employees who died as a result of Helene floodwaters, Knox News reports. 

Hurricane Helene TN flood

This photograph shows how high the floodwaters got outside Impact Plastics on Sept. 27 due to Hurricane Helene.  (Circuit Court for the state of Tennessee First Judicial District, Unicoi County / Fox News)

Peterson is described as a loving father whose "passing is an immense loss to his family and the community," a statement from Litson PLLC states.

"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 statement reads. 

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The attorney FOX Business was referred to for comment about the lawsuit said he had "no additional information at this time," but a previously shared statement to Fox News Digital quoted O'Connor stating, "We are devastated by the tragic loss of great employees."