ERWIN, Tenn. — Attorneys for Impact Plastics filed a response to a $25 million wrongful death lawsuit brought on by the family of worker Johnny Peterson, who died in flooding brought on by Hurricane Helene.
The response, sent to Unicoi County courts last week, defends Impact Plastics and its founder, Gerald O'Connor, against claims it was responsible for Peterson's death.
"To the extent Impact Plastics' actions were in violation of the law, which Impact Plastics denies, Impact Plastics did not knowingly act in violation of the law, nor did Impact Plastics show reckless disregard for whether Impact Plastics was acting in violation of the law," the response, written by O'Connor's attorneys, said.
A few days after the flooding, O'Connor put out a statement that said employees had ample time to leave the facility before the floodwaters became dangerous.
Some employees told 10News that statement wasn't accurate.
The initial complaint, filed in October, alleges Peterson's death was preventable.
Attorneys for the company wrote they deny those allegations, and list several legal defenses against them.
In the response, O'Connor's attorneys said it did not violate any statute, rule, regulation or ordinance that would give rise to the claim of negligence, arguing Peterson is, "not in the class of persons intended to benefit from the statute, rule, regulation or ordinance, and any such violation was not the proximate cause of the deceased injuries or death."
Attorneys also said Peterson's decision to go back into the building, after he'd helped O'Connor, and others get to safe ground, "was made voluntarily and in the absence of any direction or request by any of his superiors, Impact was not responsible for his actions and it is not liable for the injuries and damages alleged in this action."
The response also said Impact Plastics asserts the "events, injuries and damages," alleged in the complaint were caused "in whole or in part" by by local authorities, including "failures to provide adequate notice regarding the potential risks that were present on September 27, 2024; the failure to take adequate steps to evacuate the area in question after the flooding began; the failures to adequately design and maintain the access road leading into and out of the industrial part; and the failure to assess the likelihood of a catastrophic flood in the area in question."
Attorneys also wrote that Peterson is "at least 50% at fault for any of the alleged injuries and damages," according to the complaint.
The response also said Impact Plastics denies any dangerous or unsafe condition was present, and if it was present, the company didn't have any knowledge of an alleged dangerous or unsafe condition.
Impact Plastics is being investigated by the Tennessee Bureau of Investigation and the Tennessee Occupational Safety and Health Administration after the company said several of its employees disappeared or died in the flooding.
The initial 28-page complaint argues Impact Plastics is located in a flood plain and is required to have an evacuation plan in case of emergencies. According to the complaint, there was no emergency evacuation plan at Impact Plastics, and the company didn't review any type of emergency plan with employees for flooding.
It also said Impact Plastics remained open on Sept. 27, despite warnings about floods being possible in the area and closures of surrounding businesses. Unicoi County government offices also closed that day.
The complaint also argues that employees were sent an email on Sept. 25, two days before the flooding occurred, that said they needed to make sure their computers were powered down on Sept. 27 because power would likely go out at the plant around that time.
You can read more about the complaint here.