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Walmart Faults Tracy Morgan For Not Wearing Seatbelt During Car Accident

1CK1S1CK1S Posts: 27,472 ✭✭✭✭✭
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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.
I don't have dreams I have goals. Dreams are what you have when you are sleep. Goals are what you strive to reach when you are awake!
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Replies

  • Ghost313Ghost313 Mistah Don't Play Posts: 6,362 ✭✭✭✭✭
    Dawg, fucc Walmart. I hope Tracy lawyer is a beast though.
    So ILLBangEm_Bart
  • Will MunnyWill Munny Eatin pussy and kickin ass 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.
    Times are tough, but they ain't got nothin' on me.
    JusDre313
  • JusDre313JusDre313 ∩┐(◕_◕)┌∩┐ YEP........................ MEDICINAL!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 shit
  • Crude_Crude_ Legend Posts: 19,965 ✭✭✭✭✭
    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.

    Fuck 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
    So ILLBarryHalls
  • 5th Letter5th Letter Black Identified Extremist Posts: 37,066 Regulator
    The max is 14. If Walmart loses this case they're going to take it out on their employees just watch.
    Fuck who's the baddest a persons status depends on salary
    That buck that bought that bottle could have struck the lotto
    JusDre313So ILL
  • deadeyedeadeye Walmart Warrior Kat's buttPosts: 22,881 ✭✭✭✭✭
    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.
    deadeye
    So, you're mad because I quoted a post.....that included a scantily clad pic of you......that you sent to another man.....while both of you are supposed to be in committed relationships with other people?

    Hilarious.
    June 12 Delete


    MsSouthern
    just messy ...smh
    June 12



    deadeye
    You can call me messy, but you can't say I was lying about anything I said.
    June 12 Delete


    MzGrahamBitches
    gtfoff my page and mind your fucking business old man.


    Oh wait, you have no business which is why you stalk various females on the internet tryibg to interject yourself into their business.

    Fuck off.
    June 12


    deadeye
    Most of your business is public knowledge Kathryn.

    You should learn to exercise more discretion.

    You're too old to continuously find yourself in compromising situations.

    I'm extremely disappointed in your behavior and expect much better of you in the future.

    With compassion, concern, sincerity, and due diligence.
    June 12 Delete

    MzGrahamBitches
    I hope you die of old age tonight.
    June 12

    deadeye
    That's a horrible thing to say.

    I'm sorry you feel that way Kathryn.

    However, I've never heard of anyone dying of old age at 43.

    My words must've really hit home for you to want me to die tonight.

    I'm sorry if I hurt your feelings.

    Instead of wishing me death, your time would be better served reflecting on your past transgressions and thinking about what steps you can take to improve yourself.
    June 12 Delete


    Dirty Sanchez
    kat caught feelings
    June 12

    deadeye
    Indeed she did.

    Definitely not your usual white woman.
    June 12 Delete

    MzGrahamBitches
    Titanagraphs but I caught feelings..ok.

    Type me another one pops.
    June 12


    deadeye
    You wished death upon me Kathryn.

    Solely because I quoted a post which featured you in a bathrobe with your privates partially exposed.

    A pic that would have never been publicly accessible had it not been for your carelessness and bad judgement.

    Essentially, you want me to die for your mistakes.

    Smarten up Kathryn.

    If anyone caught feelings it's you.

    This is just entertainment for me.
    June 12 Delete




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    @deadeye nah mate, fuck off, I literally hate seeing your name in my notifications because I know it's your FUCKING LIST. I'm tired of being @'d to some thread because of your shitty list, makes me just want to punch you in your fat fucking face.

    You're a digrace to creepset and 'mature' black men the world over.

    Fuck your entire existence.


    You are a plain idiot. Since you cannot give birth nor have a proper sense of enduring and suffering you cannot understand my post.

    @Westie has put her life on the line several times to give life. I wish I had an ounce of that courage, endurance and resiliance.

    Peace
    Crude_
  • dalyricalbanditdalyricalbandit Co-Owner Of AllhipHop.com, Super Moderator, Administrator, Moderator Posts: 67,917 Regulator
    pay up walmart
    So ILLRubato Garcia
  • MECCA1000MECCA1000 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 ....
    banginscrew901
  • LUClENLUClEN Absence makes the heart grow fonder of someone else Posts: 20,559 ✭✭✭✭✭
    sentence walmart to death
    The rapper from linkin park would body the dudes in the xxxtentacion cypher
    Beech Oss Neega
  • kzzlkzzl 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 shit can easily kill that accusation of them violating hours.
  • thulsadoomthulsadoom do 10 pushups everytime you read my post... you know you want too. Posts: 61,609 Regulator
    Hmmm see heres the thing...
    Truck drivers are no longer permitted to be on the road that long in one stretch.


    So either walmart pays out or they risk exposing the fact that they are breaking federal guidelines
    if i were an FBI Agent tasked with monitoring a forum, I'd post random pictures and watch the reactions of the people.
    j3xxbrubogcz1kewbepy.gif

    Você é um otário. Zé buceta. Vai tomar no meio do seu cu. Filho da puta. Arrombado
    King Of The Onomatopoeia
  • usmarin3usmarin3 Posts: 38,013 ✭✭✭✭✭
    Walmart will pay for it by cutting their employees salary. lol
    banksy-gifs-graffiti.gif
    I believe in L.O.V.E.......Lots Of Vagina Ev[/b]eryday.
  • banginscrew901banginscrew901 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
  • banginscrew901banginscrew901 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
    JusDre313
  • ShizlanskyShizlansky Posts: 35,095 ✭✭✭✭✭
    usmarin3 wrote: »
    Walmart will pay for it by cutting their employees salary. lol

    What salary?
    (Really though?)
    Cinco
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