Wal-Mart Inc. is claiming that comedian Tracy Morgan was responsible for the injuries he got from the highway crash last June. The reason behind Wal-Mart's claim is because the actor was not wearing his seatbelt at the time of the crash.
Yesterday, Wal-Mart filed in federal court in Trenton, New Jersey saying, "By failing to exercise ordinary care in making use of available seatbelts," Morgan "acted unreasonably and in disregard" of his own best interests."
The world's largest retailer also said that Tracy Morgan is responsible "in whole or in part" for injuries that he sustained. By shifting part of the blame to the actor, Wal-Mart will be reducing the damages that they have to settle.
Morgan was critically injured when the limousine he was in was struck by a Wal-Mart truck at the New Jersey Turnpike. Morgan was with his personal assistant Jeffrey Millea and three other comedian friends including James McNair and Ardley Fuqua Jr. Morgan and his friends were returning from a stand-up comedy show at Dover Downs Hotel & Casino in Delaware at the time of the crash.
Fuqua and Millea suffered grave injuries while 62-year-old James McNair did not survive in the crash. Both had joined Morgan in the lawsuit and sued Wal-Mart for negligence.
Wal-Mart's truck driver was found to have been speeding and had not slept for at least 24 hours.
After sustaining multiple injuries, Morgan returned to his home from the hospital is undergoing outpatient therapy.
According to Morgan's complaint, the retail giant should have known that it was unreasonable to have their drivers drive 1,200 kilometers and the work for 14 hours. Federal regulations focused on reducing fatigue and limit truck drivers to 11 hours of driving and 14 hours of on-duty time per day. Last year, the Federal Motor Carrier Safety Administration also tightened the limits the number of hours of driving in a week.
The driver of the truck, Kevin Roper, was charged with death by auto and assault.
