Tracy Morgan Sues Walmart Over Car Crash

Tracy Morgan Sues Walmart
Bennett Raglin/BET Getty Images

Tracy Morgan is suing Walmart over the car accident that left him with a broken leg, ribs and nose, and another dead.

The lawsuit — filed Thursday in U.S. District Court in New Jersey — alleges negligence on Walmart’s part for allowing employee Kevin Roper to drive after being “awake for more than 24 consecutive hours,” which allegedly caused him to nod off at the wheel and crash into Morgan’s limousine on June 7.

According to the National Transportation Safety Board, Roper was going 65 mph in a 45-mph construction zone just before the accident. He pled not guilty to death by auto and assault by auto charges.

“As a result of Wal-Mart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” the complaint states. “Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries.”

After undergoing multiple surgeries, Morgan was transported from the hospital to a rehab facility on June 20.

The other plaintiffs include Krista Millea, wife of comedian James “Jimmy Mack” McNair, who died from the crash, Morgan’s assistant, Jeffrey Millea, and comedian Ardie Fuqua.

They’re all seeking compensatory and statutory damages, punitive damages, legal fees, and pre and post judgment interest. Millea is also suing for loss of consortium.

According to the suit, Walmart either “knew or should have known” that it was “unreasonable” for Roper to drive 700 miles from his home in Georgia to a Walmart facility in Delaware to begin his shift, especially when there are Walmart distribution facilities closer to his house. It alleges that the long drive caused him to fall asleep at the wheel.

A rep for Walmart said in a statement that the company is “committed to doing the right thing for all involved.”

“This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries,” the statement reads. “Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair, who lost his life. We are deeply sorry that one of our trucks was involved. As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved.”

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  1. I savor, lead to I found just what I was taking a look for.

    You have ended my four day lengthy hunt!
    God Bless you man. Have a great day. Bye

  2. I hope Walmart gets hit hard! In its greedy, incessant push to squeeze as much as it can from its employees, suppliers, and drivers, it got caught with its pants down and needs to be made an example of!

  3. edfghj says:

    going to be inte\resting in courthouse. Both parties have a case, and thanks to jury system, I believe Tracy will win it. Post accident he is just looking for a richer party to put blame on.

  4. Sue says:

    I live in the same Posh little town as Mr. Morgan in the Posh Northern Valley of NJ and have encountered him many times – believe it or not he likes Grocery Shopping and does it himself! I wish he would invite me to eat his lobsters and clams! He is the nicest, funniest guy. Joking on the check out line, humble – just a good guy. We only have one Supermarket in our town and its Posh too so the seafood is sublime. I hope he gets well and that Walmant changes its policy of being a slave driver regarding its drivers so that other lives are not placed at risk or worse. Obama and Congress will do nothing as usual to regulate since the uber rich Walton family is more powerful than they are and own them through lobbying and political contributions. He has a long road to recovery and other ailments to manage like diabetes. His family and multitude of friends are supporting him no doubt and that will help.

  5. meg conway says:

    Corporations that treat people as dispensable and are without conscience with regards to safety should be called out so that everyone knows about them and can at least try to protect themselves.

    I’ve been posting since the death of Sarah Jones in Georgia, because of the inherent safety issues in North Carolina due to an archaic discriminatory common law that limits most financial responsibility for corporations when people are hurt on their property.

    Please read about this law, and the two corporations who took at advantage of it and me, Biltmore Farms (Bleakmore Farms), jack cecil (vanderbilt descendent) and Hartford Insurance (Heartless Insurance) Liam McGee (former bof ceo)-i fell was permanently disabled, and unable to work.

    Details here at this safe change.org link http://chn.ge/1fhM4si

    When people are injured and/or die because of corporate negligence the public needs to know. These two corporations that I’ve rebranded will not change until they are held accountable and the use of the common law ceases.

    Please don’t visit or even drive through North Carolina without reading about what occurred so that you can protect yourselves.

    Mr. Tracey, you and your friends have my thoughts.

    Meg Conway, Asheville NC

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