14 DAY TRIAL // Three months ago, a devastating crash nearly killed comedian Tracy Morgan when a Walmart truck crashed into his limo as he was making his way back from a show. The comedian was left in a critical state but he eventually pulled through in the hospital. Unfortunately, some of his friends weren't so lucky and they died in the crash.
Since the accident, Tracy Morgan filed a lawsuit against the retail store giant claiming that their negligence was what caused the accident since the driver behind the wheel of the truck had been working many hours and because of his tiredness, he failed to see the limo in time.
Walmart filed legal documents seeking to prove Tracy Morgan is to blame for his injuries
Now, legal documents from the lawsuit obtained by TMZ show Walmart isn't rolling over and admitting guilt. Instead, they are firing back and saying that Morgan himself is to blame for the crash. The comedian would not have suffered so many injuries, had he been wearing his seatbelt, the documents show.
The documents were filed on behalf of the retail giant to a New Jersey federal court. In the documents, it was mentioned that the actor's injuries “were caused, in whole or in part, by failure to properly wear an appropriate available seatbelt restraint device.”
Morgan is just one of the people suing Walmart for their negligence and alleging that driver Kevin Roper was simply too tired when he caused the accident near the New Jersey turnpike. Initial reports after the crash took place showed that Roper hadn't slept for a full day before stepping behind the wheel.
At the time, Morgan suffered a broken leg and femur, a broken nose and several broken ribs. His leg was the worst affected by the crash and it was rumored at one point that he might lose his leg. It turned out doctors were able to save it and he is now undergoing therapy in order to regain full use of the affected limb.
Fellow comedian James McNair, a close friend of Morgan's, died in the crash. Walmart is now saying that the people in the car are to blame for the injuries they sustained, “By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests.”
Walmart initially promised they were going to accept liability
Keep in mind that, right after the accident, Walmart issued a public statement in which they promised they were going to accept liability in the case if they were found guilty of negligence. It turns out that they've since changed their mind and are now looking to get out of paying what are shaping up to be significant damages to the parties involved.
Walmart already has a bad reputation because of the numerous reports of treating their employees poorly and it looks as though this latest legal move isn't going to win them any more fans.