Editorial

Walmart Responds to Tracy Morgan

By CNN | Tuesday, September 30, 2014

(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.
Photos: Tracy Morgan\’s comedy career Photos: Tracy Morgan’s comedy career
Tracy Morgan speaks out after crash

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.
Morgan ‘still struggling’ from car crash

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.”

Driver pleads not guilty in Morgan crash Truck driver defends himself via Twitter
Walmart did not directly address the claims regarding Roper because of the ongoing National Transportation Safety Board investigation.

Walmart said Morgan’s and the other plaintiffs’ damages were not caused by the company or any of its affiliated employees. Instead, the chain noted the possibility that injuries “may have been caused by third parties over whom Walmart had no control.”
The next step for Morgan’s side is to file a written statement specifying the amount of damages alleged in the initial complaint. Walmart is asking for a trial by jury.

Representatives for Morgan did not immediately respond to a request for comment.

  • ShotCaller200

    It is Walmart’s responsibility to ensure appropriate safety measures are taken by their drivers and that they comply with applicable State and Federal laws. If one of their drivers is not in compliance then it is clear that Walmart has failed to ensure compliance.

    • http:/youtube.com/officialmartymondays amusedunite

      yeah i agree with you..

  • GaryAScheidt

    walmart is screwing up big time acting like jerks about it

  • NEW W0RLD ORDER

    morgan should have worn his seatbelt, but that truck driver DEFINITELY shouldn’t have rear ended him!

  • http:/youtube.com/user/officialmartymondays marty

    that sounds freaking insane

  • OliverH

    wow that sucks for Tracy Morgan hope he’s doing alright

  • extraterrestrial

    disappointing there are no excuses for a person who rear ended another, you have to drive cautiously would it be different if it was a mother and her baby in the car??!!

  • Doddyboy

    damn they should fire the truck driver he rear ended TRACY MORGAN!!

  • Clara

    walmart wrong for this

  • goldchainsroundmyneck

    lets see how walmart will take this L