Often personal injury lawsuits are filed just before the one-year anniversary of the event. This gives lawyers and plaintiffs time to assess injuries and gain information, yet it complies with state law requiring a one-year statute of limitations on most claims. (Because this is law, written by lawyers and vetted by courts over time there’s a list of exceptions. Just trust me on this.)
That’s why I was surprised to see a lawsuit from the family of Johnny Peterson, one of five workers who died at Impact Plastics Inc. in Erwin, Tennessee, as a result of flooding from Hurricane Helene. The flood happened on September 27, 2024, barely one month ago. Investigations are still underway.
Attorney J. Alex Little filed the lawsuit on October 14, 2024, in Circuit Court of Unicoi County. He is managing member of Nashville-based Litson PLLC.
Cassandra Stephenson wrote about the lawsuit in the October 17, 2024, edition of Tennessee Lookout. Her entire story is here. And the 28-page lawsuit follows her story.
The wrongful death lawsuit seeks a jury trial and damages of at least $25 million.
The lawsuit states that Impact Plastics leadership knew that the industrial park lies in a flood plain, but despite the closure of public buildings and schools in Unicoi County and another business in the industrial park in advance of the storm, decided to have employees report to work anyway.
Legal advice on debt relief
Deadline is Friday, Nov. 1, 2024, to sign up for the free Debt Relief Legal Advice Clinic which will be held on Saturday, Nov. 9, for pre-screened applicants. The clinic is sponsored by the Knoxville Bar Association and the U. S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET).
The clinic will be available to qualified individuals in Knox, Blount, Loudon and Sevier counties. Attorneys will volunteer to conduct initial meetings with the clients to discuss their situations and options.
Qualification will be income-based, with pre-screening by LAET. The client served through the clinic may also be eligible for free bankruptcy services. Sign up by contacting the LAET at 865-637-0484.
Nine strikes and you’re out
DA Charme Allen said prosecutors in the Career Gang Unit obtained convictions against a career offender caught with a handgun and multiple types of drugs. The 43-year-old male was convicted of possession with intent to sell heroin, methamphetamine and fentanyl; unlawful possession of a firearm and possession of a firearm during the commission of a dangerous felony. Judge Steve Sword set the case for sentencing on December 13 where the defendant faces a minimum of 32 years in prison because of his nine prior felony convictions. Full story here.
DA Allen said prosecutors in the DUI Unit obtained convictions against an impaired driver who struck and killed a motorcyclist while driving 91 miles per hour on Kingston Pike. The 23-year-old male was ordered into custody by Judge Scott Green who revoked his bond and set the case for sentencing on Dec. 6. The driver faces 8-12 years in prison. Full story here.