Tracy Morgan sues Walmart by filing a lawsuit against Walmart Stores, claiming the company partly responsible for a New Jersey Turnpike crash the previous month which put him in critical condition and killed his friend who was also a comedian. Tracy Morgan sues Walmart Thursday in U.S. District Court in New Jersey through his lawyers.
According to the Associated Press, the lawsuit filed by Morgan's lawyers was made against Bentonville, Arkansas-based Wal-Mart Stores Inc. The lawsuit in which Tracy Morgan sues Walmart claimed that the business was neglectful of its employees as one of its drivers inside their tractor-trailers slammed onto the 45-year-old actor and comedian's limousine van.
The New York Times reports that the lawsuit in which Tracy Morgan sues Walmart was made a month after the incident.
The vehicle the Walmart truck slammed had as passengers a group which includes Morgan, comedian Ardley Fuqua, Morgan's friend Jeffrey Millea and 62-year-old James McNair, a comedian known as Jimmy Mack and who was also killed by the accident.
According to the suit where Tracy Morgan sues Walmart, the company had been negligent not only of its employees but by the ownership and operation of its truck, which was a "substantial contributing factor" in the June 7 crash.
35-year-old truck driver Kevin Roper of Jonesboro, Ga., has been charged with vehicular homicide. Roper said that during the crash, he had not slept in more than 24 hours. Mr. Roper has pleaded not guilty to prosecutors' charges of death by auto and assault by auto charges.
According to Fox News, in a criminal complaint, he has also been accused of not sleeping for more than 24 hours before the crash, which violates New Jersey law.
In the suit where Tracy Morgan sues Walmart, it is insisted that the company should have known how little sleep their driver had, since it allowed him to commute an unreasonable distance before starting the shift that brought him to New Jersey.
The lawsuit states, 'As a result of Walmart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages.'
The suit states that on the Jun. 6 morning, Mr. Roper reported to a Walmart distribution center in Smyrna, Del. After making a trip from his home in Georgia, a trip of more than 700 miles and which should have taken him more than 11 hours to get to, plaintiffs argue that Walmart could have asked him to report to a location closer to his home.
The suit in which Tracy Morgan sues Walmart also claimed that Roper had fallen asleep at the wheel before the accident.
The NY Times claimed that Morgan was traveling from New York City with friends who were also comedians after doing a comedy show in Delaware.
Morgan's assistant, Jeffrey Millea and Ardley Fuqua Jr., a comedian known as Ardie have been listed as plaintiffs in the suit. They were also injured by the crash which caused.
The AP said that a report by federal transportation safety investigators found out Roper was driving 65 mph in the 60 seconds before he crashed into the limo van where Morgan and his friends was riding. The speed limit in the area is only 55 mph and was even lowered to 45 mph that fateful day due to construction. It had been 13 1/2 hours that Roper had been working at that time, the report said. Federal rules states that truck drivers are allowed work up to 14 hours a day, but has only a maximum of 11 hours behind the wheel.
Tracy Morgan sues Walmart and in response, Walmart said in a statement Saturday that the crash was a "terrible tragedy" and that they are hoping the three men injured would have a full recovery. The statement said, 'We are deeply sorry that one of our trucks was involved. As we've said, we're cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved.'
The lawsuit where Tracy Morgan sues Walmart reportedly seeks a jury trial and punitive and compensatory damages.
A former star of "Saturday Night Live" and "30 Rock," the actor and the injured others have not been able to work due to the crash. The suit also claimed that they could be left with disabilities that would prevent them from working further. The suit names also named subsidiary Walmart Transportation, as a defendant, in addition to Walmart Stores.
Krista Millea, Millea's wife, has also been listed as a plaintiff in the suit. The suit where Tracy Morgan sues Walmart said she was eight months pregnant at the time of the crash and has suffered by her husband's absence.
Tracy Morgan sues Walmart before his publicist said on Saturday that the comedian had already left the rehabilitation center where he had been recovering from injuries including a broken leg and broken ribs. Spokesman Lewis Kay said that Morgan will continue his recovery at home with an "aggressive outpatient program."
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