Tracy Morgan Files Lawsuit Against Bentonville, Ar. Retail Giant
Comedian Tracy Morgan recently filed a lawsuit against retail giant Wal-Mart over the highway crash that occurred last month, injuring himself and killing a friend and fellow comedian.
According to the suit, which was filed in U.S. District Court in New Jersey Thursday, Wal-Mart, based in Bentonville, Ar., was neglectful when one of its tractor-trailer drivers slammed into the limousine van that Morgan and his friend were in. Morgan’s complaint said the company should have been aware that the driver was awake for more than 24 hours and that the 700-mile commute – from Georgia to Delaware was not “reasonable”. The suit alleges the driver was extremely tired and fell asleep behind the wheel.
The complaint states that due to Wal-Mart’s reckless, gross, willful and intentional conduct, the company should be punished appropriately and sanctioned with punitive damages.
The wreck, which happened June 7, occurred on the New Jersey Turnpike, killing 62-year-old comedian James McNair (Jimmy Mack). Also in the limo and plaintiffs in the suit were Comedian Ardley Fuqua, and Krista and Jeffrey Millea, who were all injured in the accident.
Morgan is in a rehabilitation center to heal from broken ribs and a broken leg. Fuqua is also recovering from his injuries. Morgan is well-known for his “Saturday Night Live” skits and starred in the show “30 Rock”.
35-year-old Kevin Roper of Jonesboro Georgia was the Wal-Mart truck driver. He has pleaded not guilty to both the charges of death by auto and assault by auto. The complaint stipulates that Roper did not sleep for over 24 hours before the accident. This is a direct violation of the law in New Jersey.
According to investigators with Federal Transportation Safety board, Roper was going 65 mph in the minute before he ran into the limo van. The speed limit for that area is marked 55 mph and is lowered to 45 mph at night due to construction.
The report states Roper had already worked 13 1/2 hours when the crash happened. Federal rules stipulate that truck drivers can work 14 hours a day with only 11 hours maximum behind the wheel.
At the time of the accident, Morgan, who is a native of New York City, was coming back from the Dover Downs Hotel & Casino in Delaware where he had just done a standup performance.
The lawsuit is asking for a jury trial as well as both compensatory and punitive damages.
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Posted by News
on Jul 12 2014. Filed under Entertainment, New.
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