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Tracy Morgan sues Wal-Mart for crash that killed 1

Tracy Morgan Sues Wal-Mart Over Deadly Crash

TRENTON, N.J. (AP) - Tracy Morgan has sued Wal-Mart over last month's highway crash that seriously injured him and killed a fellow comedian.

The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van. The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.

"As a result of Wal-Mart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," according to the complaint.

The June 7 wreck on the New Jersey Turnpike killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were injured as passengers in the limo, are also named as plaintiffs.

Morgan, the former "Saturday Night Live" and "30 Rock" star, suffered a broken leg and broken ribs in the crash and is currently in a rehabilitation center. Fuqua is recovering from crash-related injuries.

Truck driver Kevin Roper, 35, of Jonesboro, Georgia, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

A report by federal transportation safety investigators said Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Roper had been on the job about 13 1/2 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.

Morgan, a New York City native, was returning from a standup performance at Dover Downs Hotel & Casino in Delaware when the crash occurred.

Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.

A message seeking comment from Wal-Mart was not immediately returned Saturday. An email seeking comment from Morgan's publicist was not immediately answered.

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quarterz25 July 12 2014 at 8:09 AM

Ah yes going for the lawsuit lottery. Does everyone notice he is sueing walmart and NOT the driver?Why could this be, oh wait rule #1 go after the deep pockets. Money is going to fix everything I guess.

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17 replies
richagrig July 12 2014 at 8:59 AM

Of course he is going to sue. I wouldn't expect anything different. Typical BS

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3 replies
ectullis July 12 2014 at 8:41 AM

Black, of course

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5 replies
Beackev July 12 2014 at 9:46 AM

Aftre Walmart attempts to throw the driver under the bus I'm so glad Tracy decided to go after the real villan in this situation. These drivers are required to push themselves to fullfill destination obligations & scheduling time lines that are "unreasonable" to say the least. In my my mind that makes Walmart completely responcible for this tragedy & should be held accountable.

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5 replies
joshlsmith July 12 2014 at 7:45 AM

Morgan's camp will see a huge settlement outside of court. I only hope some of the winnings go to the support of Mcnair's family should he have any.

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1 reply
ferrariqx joshlsmith July 12 2014 at 11:17 AM

Why? The McNair family can sue on there own.

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Dax Bellafontaine July 12 2014 at 12:30 PM

Someone should sue him for not being funny. People laughing at it doesn't make you a comedian.

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pat July 12 2014 at 12:21 PM

Typical black.....sue Walmart instead of the black driver that caused the crash.........

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7 replies
Nikki B July 12 2014 at 9:47 AM

Walmart IS responsible...not the driver because he was working at the time. Just like Walmart would be responsible for the driver or any of its workers that get injured on the job. Employers hold complete responsibility for their employees behavior that is why training and compliance is heavily monitored by employers. I don't blame Morgan for suing...he should - he almost lost his life over this guys negligence - and his life has been forever changed because of it.

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1 reply
tneill1031 Nikki B July 12 2014 at 3:49 PM

Since in your words," he almost lost his life" then WalMart should almost pay him, idiot.

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1 reply
blancomatic tneill1031 July 14 2014 at 2:25 AM

He wasn't "almost injured". Please continue oh great cretin of knowledge, lol.

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flip33732 July 12 2014 at 7:40 AM

When I read the headline I figured this guy is a B.S. artist trying to make a fast buck like the idiots who buy hot coffee and spill it on themselves. After I read the article, if what Morgan claims is true he should go major whup azz on Walmart !~

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2 replies
Honey flip33732 July 12 2014 at 9:15 AM

mayb3e but how do you prove this was the case?

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James Gray flip33732 July 12 2014 at 12:46 PM

First of all, long before the headline you read, the accident was well advertised in the news.

Tracy was in critical condition and he lost a friend. Why would you think that a law suit was BS in the first place?

The news said that the driver did not have enough sleep....this was said in the very beginning. Wal Mart is responsible because this driver was an agent of that corporation.

How did you ever come to the conclusion that a law suit was BS.....regardless of what you read later?

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Scooter July 12 2014 at 1:43 PM

Probably a good idea. His career certainly isn't going anywhere fast. Just never thought this man was funny.

Flag Reply +4 rate up
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