Walmart Faults Tracy Morgan for Not Wearing Seatbelt During Car Accident

[aGameOfThrones]

On Monday, Walmart delivered its answer in a New Jersey federal court to 30 Rock actor Tracy Morgan's lawsuit arising from a six-car accident on the New Jersey Turnpike. Among nine affirmative defenses, Walmart says that injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."

Morgan was among several people injured who are now suing Walmart for negligence.

In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift.


"Walmart knew or should have known" that Roper had been "awake for more than 24 consecutive hours" ahead of the crash.

In its filed answer, Walmart wouldn't go into particulars about exactly what happened. The corporate giant says it has been designated by the National Transportation Safety Board as a party in an investigation of the accident. Walmart cites a part of transportation law as limiting the dissemination of investigative information.

"Accordingly, absent entry of a Protective Order and adequate protections by the Court to maintain the confidential nature of Wal-Mart's responses as required by the NTSB on-going investigation, Wal-Mart is unable to admit or deny" various allegations in the lawsuit.

Nevertheless, Walmart outlines its affirmative defenses to claims brought by Morgan, as well as Morgan's assistant, Jeffrey Millea, his wife, Krista Millea, and comedian Ardie Fuqua.

Failure to wear seat belts is one.

"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," states Walmart's answer.

Walmart also looks to defend itself by disputing a basis for the negligence claim; disputing that actions were proximately caused by the company and its agents; disputing that Walmart had any control over third parties who may have caused damages; and disputing that it owed any duty to the plaintiffs.

https://tv.yahoo.com/news/walmart-fa...183608445.html

[TheTexan]

Do limo's even have seat belts?

(if not, there should clearly be a law banning limo's, and/or requiring them to have seat belts)

[John F Kennedy III]

The driver is awake for over 24 hours and it's Tracy Morgan's fault?

[PaulConventionWV]

"Seatbelt restraint device"? What is that, some kind of legal jargon?

[dannno]

The driver is awake for over 24 hours and it's Tracy Morgan's fault?

Yep he did it to himself.

[Schifference]

How is it an employers fault if an employee has not slept prior to reporting for their shift?

[dannno]

How is it an employers fault if an employee has not slept prior to reporting for their shift?

If they live 20 hours away and you call them 22 hours before their shift starts and ask them to drive 20 hours to a job where they have to then drive?

I dunno what the exact situation was here, but that's what they were trying to show.

[Spikender]

Your driver causes an accident and you fault the victim for not wearing a seatbelt, thus trying to absolve yourself of guilt...

Nah.

[fisharmor]

At no point in the discussion of this story is anyone outside this forum going to mention the fact that the US federal government actively promoted trucking after decades of punishing railroads.

Ultimately, that is the reason Tracy Morgan got injured.

[specsaregood]

If they live 20 hours away and you call them 22 hours before their shift starts and ask them to drive 20 hours to a job where they have to then drive?
I dunno what the exact situation was here, but that's what they were trying to show.

I see nothing in the article that says or implies that the driver got a late notification of the shift. If the shift was known in advance, then I don't see how the employer could be expected to know that the driver didn't plan ahead: get a flight, commute in early and nap, get a 2nd driver, etc. Also, it says he commuted 700miles, it doesn't take 24hours to commute 700 miles, 12 hours tops --barring some extreme unplanned traffic problems. I've done plenty of 24 hour drives without any problem and he's a professional driver.