Retail supergiant Walmart has finally responded to a lawsuit filed by actor and comedian Tracy Morgan over a deadly car crash that left Morgan in critical condition. Its response: Morgan should have worn a seatbelt.
According to CNN and court documents, Walmart filed a 28-page response to a complaint by lawyers representing Morgan and three others who were injured in the accident, which occurred when Walmart semi-truck driver Kevin Roper collided with the rear end of the Mercedes Sprinter van in which Morgan was riding. Photos released of the incident show the Mercedes was hit with enough force for it to land on its roof and cause a chain reaction crash with four other vehicles. Roper pleaded not guilty in June to criminal charges that included vehicular homicide and assault by auto.
Morgan’s lawsuit claims that Walmart was careless and negligent in the operation of the vehicle that caused the accident, and that it should have known that Roper was not fit to be driving and that it violated Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue. Already, it was discerned by officials that Roper was potentially drowsy while he was driving (Roper had been awake for 24 hours prior), and it was speculated that his fatigue was ultimately what caused the tragic accident. Roper has denied that fatigue played a role in the crash.
In its official 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,” according to CNN. The company said by not using seat belts, the plaintiffs “acted unreasonably and in disregard of plaintiffs’ own best interests.” Though Walmart addressed Morgan’s lawsuit, it has not directly addressed the claims regarding its employee because of an ongoing investigation by the National Transportation Safety Board. Walmart also went on to say that Tracy 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.”
This situation is a clear example of just how complicated car accident cases can be. Despite the fact that Tracy Morgan was the victim, the perpetrator and his employee have refused to accept responsibility. At the law offices of Altman & Altman, we have handled numerous car accident cases, from simple fender benders to complex, serious car accident cases.
Our team has specialized for nearly 50 years in personal injury and car accident cases throughout the Commonwealth of Massachusetts, and we have the knowledge and resources to not only help settle our clients’ cases, but assist them in obtaining some of the best medical care, psychological resources, and most importantly, the compensation that they deserve for their injuries. If you or a loved one was recently involved in a car accident, call our office today for a free initial consultation with one of our experienced team members. Our attorneys are available around the clock, on night and weekends, to assist you with any questions or concerns you have about your case
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