Walmart Faults Tracy Morgan For Not Wearing Seatbelt During Car Accident

1CK1S
1CK1S Members Posts: 27,471 ✭✭✭✭✭
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On Monday, Walmart delivered its answer in a New Jersey federal court to 30 Rock actor Tracy Morgan's lawsuit arising from a six-car accident on the New Jersey Turnpike. Among nine affirmative defenses, Walmart says that injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."

Morgan was among several people injured who are now suing Walmart for negligence.

In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift.

Read more Tracy Morgan 'Still Struggling' After Accident, Attorney Says

"Walmart knew or should have known" that Roper had been "awake for more than 24 consecutive hours" ahead of the crash.

In its filed answer, Walmart wouldn't go into particulars about exactly what happened. The corporate giant says it has been designated by the National Transportation Safety Board as a party in an investigation of the accident. Walmart cites a part of transportation law as limiting the dissemination of investigative information.

"Accordingly, absent entry of a Protective Order and adequate protections by the Court to maintain the confidential nature of Wal-Mart's responses as required by the NTSB on-going investigation, Wal-Mart is unable to admit or deny" various allegations in the lawsuit.

Nevertheless, Walmart outlines its affirmative defenses to claims brought by Morgan, as well as Morgan's assistant, Jeffrey Millea, his wife, Krista Millea, and comedian Ardie Fuqua.

Failure to wear seat belts is one.

"By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests," states Walmart's answer.

Walmart also looks to defend itself by disputing a basis for the negligence claim; disputing that actions were proximately caused by the company and its agents; disputing that Walmart had any control over third parties who may have caused damages; and disputing that it owed any duty to the plaintiffs.

Read more Tracy Morgan's Show 'Will Be Waiting for Him,' FX Says

The defendant also asserts that plaintiffs are barred from recovering damages because they failed to mitigate their losses. Further, Walmart says its due process rights will be violated because the company "did not engage in any wanton or willful conduct that would warrant an award of punitive damages."

An assessment of damages for the well-known comedian-actor might be the next issue in the case. Walmart is demanding that plaintiffs furnish a written statement specifying the amount of damages alleged. The company is being represented by Jeffrey O'Hara of LeClairRyan.

Comments

  • Ghost313
    Ghost313 Members Posts: 6,362 ✭✭✭✭✭
    Dawg, fucc Walmart. I hope Tracy lawyer is a beast though.
  • Chi Snow
    Chi Snow Guests, Members, Writer, Content Producer Posts: 28,111 ✭✭✭✭✭
    Who da hell wears a seatbelt in a damn limo???
  • Will Munny
    Will Munny Members Posts: 30,199 ✭✭✭✭✭
    I thought it was no longer than 12 hours a day driving? I don't know if it differs from state to state, but I'm pretty sure 12 hours max on the road in MN atleast. I know truckers cook the books all the time, or have multiple books or all sorts of ways around it.
  • JusDre313
    JusDre313 Members Posts: 4,727 ✭✭✭✭✭
    Will Munny wrote: »
    I thought it was no longer than 12 hours a day driving? I don't know if it differs from state to state, but I'm pretty sure 12 hours max on the road in MN atleast. I know truckers cook the books all the time, or have multiple books or all sorts of ways around it.

    probably does vary.. here in MI its 14 hours.. and cats get fired around our way for logbook violations.. just to prevent possible lawsuits like this walmart ?
  • Crude_
    Crude_ Members Posts: 19,964 ✭✭✭✭✭
    I buy from Wal-Mart because no one competes in regards to their prices on groceries and other goods and it's in my best interest to buy from there.

    ? them and their shady business practices though.

    It's unfortunate that their store caters to a poorer audience that really can't afford boycott them
  • 5th Letter
    5th Letter Members, Moderators, Writer Posts: 37,068 Regulator
    The max is 14. If Walmart loses this case they're going to take it out on their employees just watch.
  • deadeye
    deadeye Members Posts: 22,884 ✭✭✭✭✭
    5th Letter wrote: »
    If Walmart loses this case they're going to take it out on their employees just watch.

    Nah, they'll keep fighting it in court for as long as they can.


    Basically hoping that the plaintiffs will eventually get tired of the long, drawn out legal process and agree to a settlement.
  • dalyricalbandit
    dalyricalbandit Members, Moderators Posts: 67,918 Regulator
    pay up walmart
  • MECCA1000
    MECCA1000 Members Posts: 2,756 ✭✭✭✭✭
    Its 10 hrs drivinng or 500 miles which ever comes first ..... walmart trucks have satelite tracking so, they know without even checking logs ..... I bet that. Driver has more than one log book and be cheating.

    My pops drives and I use to work with him .... I know how to cheat two log books ...... harder to do with satelite tracking tho

    Jersey has all passenger seat belt law ..... so this bout to get interesting ...... walmart go enough money to drag this out for years until they get people to settle ....
  • LUClEN
    LUClEN Members Posts: 20,559 ✭✭✭✭✭
    sentence walmart to death
  • kzzl
    kzzl Members Posts: 7,548 ✭✭✭✭✭
    JusDre313 wrote: »
    yeah man even still walmart dont have much to stand on (i work in logistics/trucking ) no solo driver should be on the road for that amount of time. DOT breaks are mandated for drivers, if your a solo driver its 14 hours max drive time , then they HAVE to take a full 10 hour break before they drive again. one driver on the road for over 24 hours... naw walmart yall got to pay up

    700 miles goes into about 11 hours of driving. I'm assuming Wal-Mart trucks have limiters and doesn't go above 60 or 65. Google Maps gives an estimate of 2 hours and some change from Delaware to New Jersey, that's 13 hours total give or take. Dude could of been about to max out, but simply getting close as he could to post up for the night.

    But none of that is evidence he was actually up 24 hours prior to the accident. The electronics on the truck, fuel receipts, food receipts, and other random ? can easily ? that accusation of them violating hours.
  • [Deleted User]
    [Deleted User] Posts: 0 Regulator
    The user and all related content has been deleted.
  • usmarin3
    usmarin3 Members Posts: 38,013 ✭✭✭✭✭
    Walmart will pay for it by cutting their employees salary. lol
  • banginscrew901
    banginscrew901 Guests, Members, Writer, Content Producer Posts: 7,148 ✭✭✭✭✭
    JusDre313 wrote: »
    yeah man even still walmart dont have much to stand on (i work in logistics/trucking ) no solo driver should be on the road for that amount of time. DOT breaks are mandated for drivers, if your a solo driver its 14 hours max drive time , then they HAVE to take a full 10 hour break before they drive again. one driver on the road for over 24 hours... naw walmart yall got to pay up

    It's 11 hour drive and 14 to work
  • banginscrew901
    banginscrew901 Guests, Members, Writer, Content Producer Posts: 7,148 ✭✭✭✭✭
    The Wal-Mart driver in the wrong any way you slice it, Wal-Mart gone get sued by the other victims. I guess the difference is some millions being paid.

    All laws are the same across the board for truck driving, you can run two log books but it better be right. The small truck companies still running paper but pretty much all the big/mid size companies running elogs. Ain't no way to outdo that. Pretty soon every company will be running elogs
  • Shizlansky
    Shizlansky Members Posts: 35,095 ✭✭✭✭✭
    usmarin3 wrote: »
    Walmart will pay for it by cutting their employees salary. lol

    What salary?