Walmart Blames Comedian Tracy Morgan In Crash Lawsuit Response

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(CNN) — Walmart has responded to a lawsuit filed by Tracy Morgan over a deadly car crash that left the comedian in critical condition. The big box store blamed the injuries suffered by Morgan on his failure to wear a seat belt.

Walmart filed a 28-page response to a complaint by lawyers acting for Morgan and three others. Police said a truck driven by Walmart employee Kevin Roper collided with the rear of the vehicle in which Morgan was riding.

Roper pleaded not guilty in June to criminal charges that include vehicular homicide and assault by auto.

Morgan’s lawsuit said Walmart was careless and negligent in the operation of the vehicle. It said the company should have known Roper had been awake for more than 24 hours at the time of the accident, and cited Walmart for not complying with Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue.

The Walmart truck that rear-ended Morgan’s vehicle was traveling 20 mph over the speed limit, according to a preliminary report by the National Transportation Safety Board.

The “30 Rock” and former “Saturday Night Live” star was seriously injured in June after the truck slammed into a limo bus occupied by Morgan and four others on the New Jersey Turnpike. The crash killed the star’s longtime friend, comedian James McNair, and injured the other passengers. Morgan was hospitalized with broken ribs, a broken nose and a broken leg.

In its response, Walmart said the injuries were “caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device.” The company said by not using seat belts, the plaintiffs “acted unreasonably and in disregard of plaintiffs’ own best interests.”

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  • Fire 'N Brimstone

    Wow. Talk about taking a double down on the bet–it looks like the attorneys for Walmart have a pair.
    KFSM left a lot of the details out…

    If I were with Walmart, I’d have wanted to settle this literally the day after the accident.

  • ugotthatrite

    doesn’t matter, the walmart driver is guilty of criminal negligent homicide. speeding, following to closely when he rear ended the vehicle in front of him. the reason it’s criminal negligence is he was operating his vehicle, an 80,000lb weapon of mass destruction, in an unsafe manner and as a result created a danger to the motoring public. (his speed to great, his following distance to close that in an emergency he would be unable to stop) (hence the rear end collision) morgan’s attorney’s will argue this seatbelt claim as a moot point, because of the criminal negligence of walmart,s driver. in my opinion.

  • Richard S. Drake

    When it comes to covering Wally World, local news stations will ALWAYS leave things out – they seem to get all ALL of their Walmart news from Walmart press releases.
    They know what side their bread is buttered on.

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