The latest update on Tracy Morgan's condition and case has revealed that the 'SNL' actor was not wearing his seatbelt at the time of vehicular crash involving his limousine and a Wal-Mart truck.
According to Wal-Mart Stores Inc.'s contention that the giant chain filed against the lawsuit Morgan and three other plaintiffs brought up after the New Jersey Turnpike, actor-comedian Tracy Morgan was actually not wearing his seatbelt during the accident, indicating that it was his fault why he suffered from serious injuries out of the crash.
It can be noted that initial reports on the "30 Rock" star's condition revealed that he spent a couple of weeks in rehabilitation after the June 7 accident that killed his friend and fellow comedian James McNair, according to Reuters.
In the new update on Tracy Morgan's case, Wal-Mart has strongly expressed that the injuries the comedian got, along with the other passengers, were in whole or in part caused by his "failure to properly wear an appropriate available seatbelt restraint device."
Wal-Mart has also highlighted that the passengers' failure to use their seatbelts suggests that they, "upon information and belief, acted unreasonably and in disregard" of their best interests.
Tracy Morgan was among the people who got injured in the Turnpike accident. Other plaintiffs in the case include Ardley Fuqua Jr., Morgan's assistant Jeffrey Millea and Millea's wife, Krista Millea.
The plaintiffs are suing Wal-Mart for negligence, citing that truck driver Kevin Roper was over fatigued at the time of the vehicular crash, Yahoo! has learned.
The lawsuit filed against the giant chain of department stores claims that Roper had commuted over 700 miles from his home in Jonesboro, Ga., to a Wal-Mart facility in Smyrna, Del., before his working shift.
"Walmart knew or should have known [that Roper had been] wake for more than 24 consecutive hours [ahead of the crash]," read a part of the lawsuit.
Roper has since been charged with vehicular homicide and assault by auto but has pleaded not guilty.
Benedict Morelli, one of the lawyers of the plaintiffs, opined that the new update on Tracy Morgan is just Wal-Mart's means of finding a way out of the damages they caused.
"It's not a defense. They're trying to mitigate their damages," Morelli said. "Any time a lawyer says 'upon information and belief,' it means they don't know. Maybe they want to play hardball. If so, I'm ready."
On the other hand, Wal-Mart spokeswoman Brooke Buchanan said the American retail corporation is very "willing to work with Mr. Morgan and the other plaintiffs" to quickly resolve the lawsuit.
This article is copyrighted by Travelers Today, the travel news leader
