Tracy Morgan has joined other plaintiffs in filing a lawsuit against Walmart following the deadly crash on June 7 in New Jersey.
Morgan was critically injured, his close friend and fellow comedian James McNair was killed; others were also injured and hospitalized. The other plaintiffs include another comedian Ardie Fuqua and Morgan’s assistant, Jeffrey Millea. The widow of McNair, Krista Millea, is also a plaintiff in the suit. Together they are seeking to prove various damages claims at a jury trial and if successful they want legal fees, plus pre and post trial interest.
The Hollywood Reporter story indicates Kevin Roper was awake for nearly 24 hours prior to the accident. He had to drive nearly 700 miles from his home in Georgia to report to a Walmart center in New Jersey. THR outlined key details in the lawsuit:
“Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries,” the complaint reads. “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.”
It says Walmart either “knew or should have known” that it was “unreasonable” for Roper to drive 700 miles before his shift. The suit also alleges Roper fell asleep at the wheel immediately before the crash as a result of his fatigue. It goes on to say Walmart turns a blind eye to workers who break regulations regarding shift limits set by the Federal Motor Carrier Safety Administration.”
Walmart can likely expect a government investigation of the last allegation. The lawsuit was filed the same week Walmart was declared the largest company in the world again. Last year they were dethroned by Royal Dutch Shell.
Morgan is reportedly at a rehab facility following surgery for his injuries. The full extent of his injuries have not been shared with the public yet, but his publicist has shared Morgan is improving but has a long way to go.