Actor Tracy Morgan has filed a truck accident lawsuit against Wal-Mart. The former 30 Rock star and Saturday Night Live alum almost died in a limo bus-truck crash on the New Jersey Turnpike last month. Now, Morgan is suing the retail giant for negligence.
Morgan’s personal assistant Jeffrey Millea, comedian Ardley Fuqua, and Millea’s spouse Krista are also plaintiffs in this case. Millea and Fuqua were injured in the collision. Comedian James McNair, who was also a passenger on the limo bus but is not one of the plaintiffs, died from his injuries. His family will likely file a wrongful death case.
The catastrophic collision happened when a Wal-Mart truck rear-ended Morgan’s limo bus. Truck driver Kevin Roper is accused of operating the large truck at 20 mph above the speed limit, driving close to his limit time, and not sleeping in the 24 hours leading up to the accident. Under federal rules, truck drivers are allowed to work no more than 14 hours a day and no more than 11 hours behind the wheel.
Morgan, Fuqua, and the Milleas believe that Wal-Mart should have known that Roper didn’t get enough sleep prior to the crash. They said it was unreasonable for the company to expect Roper to travel over 700 miles from Georgia to Delaware right before he was about to go on a long shift driving a huge truck. They claim that because of Roper’s exhaustion, he fell asleep while driving, which is why his truck rear-ended the limo. Roper has pleaded not guilty to criminal charges that include assault by auto and vehicular homicide.
This truck crash lawsuit contends that the collision-avoidance system on the Peterbilt truck that Roper was operating wasn’t working correctly, which is why it didn’t slow the vehicle down. The plaintiffs are accusing Wal-Mart of exhibiting reckless indifference when it comes to people’s safety on the road. They believe that the negligence of Wal-Mart Stores. Inc. and Wal-Mart Transportation LLC played a substantial role in causing the crash and their injuries.
Morgan suffered multiple broken bones and “painful bodily injuries” and he may have permanent disabilities. He underwent multiple surgeries and is now undergoing physical rehabilitation. He is currently unable to work.
Fuqua also may end up with personal disabilities, and the same with Millea. The latter also underwent multiple surgeries and will need rehab. Krista Millea, who is pregnant, is suing for loss of consortium and society because of Millea’s injuries.
Read the Complaint (PDF)
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