Earlier this year, Tracy Morgan was seriously injured in a crash with a Walmart truck, as the driver of said truck had been working too much overtime and was too exhausted behind the wheel. Tracy was in critical condition for a while and has since mostly recovered, but he wants to sue Walmart for the accident and they’re not having it. You see, they say it’s Tracy’s own fault because he wasn’t wearing a seatbelt. Uh… what?
From People:
Morgan – along with his assistant Jeffrey Millea, his wife Krista Millea, and comedian Ardie Fuqua – filed a complaint in the U.S. District Court in New Jersey against the retail giant in July. The lawsuit states that Walmart had its driver working under “unreasonable” conditions – it claims the driver had been awake for over 24 hours and that he fell asleep at the wheel, which caused the collision.
“As a result of Walmart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” stated the complaint.
Walmart filed a response to Morgan’s lawsuit on Monday, denying culpability for the accident.
According to legal documents obtained by PEOPLE, the company states that Morgan’s complaint “fails to set forth any facts which are sufficient to support a direct and/or vicarious claim of negligence as to Walmart.” It also states that “the damages about which plaintiffs complain were not proximately caused by any authorized actions by Walmart and/or its employees, agents, servants or representatives.”
Furthermore, it alleges that any injuries that were sustained during the crash “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.”
Uh, look – no doubt his injuries were worse because he wasn’t wearing a seatbelt, and EVERYONE should wear a seatbelt when they get in a car. Seriously, fastening my seatbelt is the first thing I do, because seatbelts can and do save lives. However, to say that most of it was Tracy’s fault because he wasn’t wearing a seatbelt? Fuck Walmart, man. Maybe if they weren’t shitty employers who force their workers to nearly kill themselves for minimum wage and barely any benefits, there would be fewer accidents, and, you know, less miserable people in the world.
Also, uh, are they seriously trying to say that Tracy would have had NO injuries (and that the passenger who died wouldn’t have) if they’d all been wearing seatbelts? That they miraculously would have walked away completely unharm despite being slammed into by one of YOUR drivers who fell asleep at the wheel? What kinda world do we live in?
Ok I am sick of this story and everyone blaming big bad Walmart. Change walmart to mom and pop store and the driver is their employee who fell asleep while driving their work truck. Is Tracy going after mom and pop coz their employee fell asleep while driving after being up for 20 hrs? Hell NO he’s going after Walmart coz they have the big money.
Walmart is doing exactly what anyone with a lawyer would do, they will most likely settle however this is just the first step. They are statutorily required to respond to the complaint and it would be idiotic to admit all fault legally speaking. They are vicariously liable for their employees actions but pointing out that Tracey wasn’t wearing his seatbelt will make them a tiny bit less liable for all the damages. It’s not saying that he wouldn’t have been injured at all, its saying that traceys own negligence contributed to the severity of the injuries sustained. which it did. To the above poster vicarious liability allows you to sue the company of any employee that injuries you while they are working within the realm of their employment, people can and do sue mom and pop shops under the same principle.
Great comment cocopuff. Tracy and his fellow passengers were NOT wearing seatbelts – fact. Some of the victims, including the comedian who died, were ejected from the vehicle – fact. Seatbelts keep you from being ejected, which often leads to death or more serious injuries.
This whole thing was brought out by Morgan’s legal team to stir up public sentiment – period.