After Tracy Morgan was nearly killed by a Walmart truck driver in June, he filed a suit against the big box store claiming negligence. In a shocking move, Walmart is firing back, blaming Tracy for not wearing a seatbelt.
There’s no doubt that Tracy Morgan, 45, should have been wearing a seatbelt during the near-fatal collision in June which led to the 30 Rock actor spending months in the hospital. However, Walmart really went guns blazing in their response to Tracy’s suit by claiming that Tracy’s injuries were, basically, his own fault.
Tracy Morgan: Walmart Blames Actor For Crash Which Nearly Killed Him
Walmart’s suit claims that Tracy’s injuries were “caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device,” reports CNN. By not wearing a seatbelt, Walmart says that Tracy “acted unreasonably and in disregard of plaintiffs’ own best interests.”
The injuries “may have been caused by third parties over whom Walmart had no control” and not their truck which crashed into Tracy’s limo bus, says Walmart.
Tracy released a statement in response to Walmart’s suit, telling HollywoodLife.com on Sept. 30:
“After I heard what Walmart said in court I felt I had to speak out. I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”
Tracy filed his lawsuit on behalf of himself and the three others who survived the crash; his friend, comedian James McNair, did not survive.
In the suit, Tracy’s lawyers blame Walmart for their negligence; the driver, Kevin Roper, had been awake for more than 24 hours at the time of the accident. The driver had been speeding at 20 mph above the limit at the time of the crash, and had been driving for nearly 10 hours; the legal limit is 11 hours.
Walmart Asking For A Trial By Jury — Will They Win?
Kevin Roper plead not guilty to one count of death by auto and four counts of assault by auto; however, Tracy’s legal team is focused on Walmart and not on the driver.
Walmart is asking for a trial by jury, and insists that they acted within the guidelines of the Federal Motor Carrier Safety Administration Regulations.
HollywoodLifers, what do you think about Walmart’s shocking response? Do you think they would win in a trial by jury? Let us know.
— Amanda Mitchell