14 DAY TRIAL // The good news is that actor Tracy Morgan, who was involved in a very serious car crash early last month and has been recuperating at a rehab center, has been allowed to return home to his family. The bad news (for Walmart) is that he’s suing the company for the accident, which was caused by one of their truck drivers.
The Hollywood Reporter has obtained the documents filed in court on behalf of Morgan, the other victims, and their families, against Walmart, whom they accuse of negligence and of overworking the driver who caused the crash.
According to the papers, Kevin Roper had driven many hundreds of miles commuting to work before his shift that day even began and Walmart was well aware of the situation – or should have been. This made it so that, at the time the crash occurred, Roper had been driving for over 24 hours on end, considerably more than the limit set by the Federal Motor Carrier Safety Administration.
The accident occurred because Mr. Roper fell asleep behind the wheel and, as such, rear-ended Morgan’s tour bus, sending it off the highway. None of this would have happened if Mr. Roper had not been overworked, the lawsuit alleges.
The Walmart driver has been charged with death by auto and assault by auto, and pled not guilty. He also denied he fell asleep at the wheel.
“Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation,” the lawsuit states.
“Walmart not only failed to condemn, but condoned this practice of its drivers routinely violating the F.M.S.C.A. Regulations,” it continues.
Morgan and the other victims in the crash are seeking considerable damages, including “compensatory and statutory damages, punitive damages, legal fees, as well as pre- and post judgment interest, among other things at a trial by jury,” THR says.
Responding to the legal action in a statement sent out to the press, Walmart wishes a speedy recovery to all those who were hurt in the accident and apologizes once more than one of their drivers was also involved.
They do not address the claim that they’re responsible for the tragedy by having been negligent, but they promise they’re committed to cooperating with the authorities in the investigation and “to doing the right thing for all involved.”