Summary: In an ugly turn of events, Wal-Mart is placing some of the blame on the victims of the truck-limo crash that killed one and severely injured Tracy Morgan.
Tracy Morgan and the other passengers in the limousine that was hit by a Wal-Mart truck back in June are somewhat to blame for the injuries they suffered because they failed to wear their seatbelts, according to The Associated Press. Wal-Mart made these allegations in court documents filed on Monday.
The filing was issued in response to the lawsuit filed by Morgan in July stemming from the accident. James McNair, Morgan’s friend, was killed in the accident and Morgan suffered substantial injuries.
In the filing, Wal-Mart Stores Inc., said that the injuries were caused by the passengers’ “in whole or in part” by their “failure to properly wear an appropriate available seatbelt restraint device.” The filing also said that the failure to wear the seatbelts constitutes unreasonable conduct.
Benedict Morelli, the attorney for Morgan and the other victims of the accident, called the claims by Wal-Mart “surprising and appalling.”
“It’s disingenuous,” Morelli said. “It’s not what they said they were going to do initially, which was take full responsibility. I’m very upset, not for myself but for the families I represent.”
The lawsuit filed by Morgan is asking for punitive and compensatory damages as well as a jury trial. The lawsuit claims that Wal-Mart should have known its driver was awake for more than 24 hours prior to the accident. The lawsuit also says that the company should also know his commute of more than 700 miles from his Georgia home to Delaware for work is ‘unreasonable.’
A company spokeswoman, Brooke Buchanan, said the following: the company “continues to stand willing to work with Mr. Morgan and the other plaintiffs to resolve this matter.”
Other plaintiffs named in the lawsuit include Ardley Fuqua, Jeffrey Millea and Jeffrey’s wife Krista Millea.
The driver, Kevin Roper, issued a not guilty plea to death by auto and assault by auto charges when he appeared in New Jersey state court.
Federal transportation investigators issued a report that said the driver was operating the vehicle at 65 MPH prior to the crash on a stretch of the New Jersey Turnpike that is 55 MPH, but was lowered to 45 MPH that night for construction.
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