Wal-Mart and its Wal-Mart Transportation have denied negligence allegations brought in a recent lawsuit by Tracy Morgan and others involved in a June 7 crash that left comedian James McNair dead and Morgan and others critically injured.
The private carrier and retail giant also claims as a defense to the suit that Morgan, McNair and others were not wearing their seatbelts when the crash occurred.
“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device. By failing to exercise ordinary care in making use of available seatbelts…plaintiffs acted unreasonably…” according to Wal-Mart’s legal defense, filed Sept. 29. “Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct in using the available seatbelts.”
The crash happened on the New Jersey Turnpike when a Wal-Mart Transportation truck and trailer driven by Wal-Mart driver Kevin Roper rear-ended a Mercedes van carrying Morgan, McNair and others.
Roper reportedly had been awake for 24 hours preceding the crash, but the National Transportation Safety Board in its preliminary report said Roper was within federal hours-of-service limits. He did, however, have to commute 700 miles in his personal vehicle from his home in Georgia to a Wal-Mart terminal in Delaware to begin work the morning of June 7.
The July 10 suit filed by Morgan and other survivors of the crash alleges Wal-Mart should have known about Roper’s odd commute and therefore was negligent in allowing him to drive.
The suit claims Roper fell asleep at the wheel before hitting Morgan’s van.
