Tracy Morgan crash: Comedian sues Walmart over truck crash that injured him and killed friend

The writer and comedian suffered a broken leg and ribs in the pile-up, which also killed his friend James McNair and left another person seriously injured

American comedian Tracy Morgan is suing retail giant Walmart after one of the conglomerate’s truck drivers crashed into his limo, seriously injuring him and killing a friend.

The actor’s lawyers have filed a complaint to the US District Court in New Jersey claiming that the store was negligent in not ensuring that its driver had had a suitable amount of sleep before getting behind the wheel.

“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 document states.

Mr Morgan and his lawyers state that the firm should have known that its driver had been awake for over 24 hours and that his commute of 700 miles from his home in Georgia to work in Delaware was “unreasonable.”

The complaint also alleges that the driver fell asleep at the wheel. The driver has denied the allegation.

Former Saturday Night Live and 30 Rock cast member Mr Morgan is in the process of rehabilitation after suffering a broken leg and ribs in the multi-car pile-up on 7 June.

The 45-year-old had been travelling in his chauffeured limousine van with six others when it was hit by a truck on the New Jersey Turnpike at 1am, causing it to flip over and claiming the life of fellow comedian James McNair, 62.

Truck driver Kevin Roper has pleaded not guilty to vehicular homicide Mr Morgan's spokesman, Lewis Kay, said last month that he is showing signs of improvement but there is a long road to full recovery.

The legal complaint also names limousine passengers comedian Ardley Fuqua and Jeffrey and Krista Millea as plainfiffs.

Walmart employee and truck driver Kevin Roper, 35, has pleaded not guilty to charges relating to death by vehicle and assault by vehicle.

Federal transportation safety investigators said that Roper was speeding before he smashed into the limousine, on a stretch of road where the speed limit had been lowered to 45mph due to road works.

He had also been working for 13.5hrs at the time of the crash, a report states. Federal rules allow truck drivers to work for up to 14hrs each day with a maximum of 11hrs behind the wheel.

Walmart has not responded to the damages lawsuit.

READ MORE: Actor moved to rehabilitation facility
Trucker driver charged
Comedian's condition improves from 'critical' to 'fair'
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs People

HR Manager - London - £40,000 + bonus

£32000 - £40000 per annum + bonus: Ashdown Group: HR Manager (Generalist) -Old...

Talent Manager / HR Manager - central London - £50,000

£45000 - £50000 per annum: Ashdown Group: Talent / Learning & Development Mana...

HR Manager (standalone) - London

Up to £40,000: Ashdown Group: Standalone HR Manager role for an SME business b...

HR Analyst - Banking - Bristol - £350-£400

£350 - £400 per day: Orgtel: HR Analyst - Banking - Bristol - £350 - £400 per ...

Day In a Page

Doctor Who Into the Dalek review: A classic sci-fi adventure with all the spectacle of a blockbuster

A fresh take on an old foe

Doctor Who Into the Dalek more than compensated for last week's nonsensical offering
Ukraine crisis: The phoney war is over as Russian troops and armour pour across the border

The phoney war is over

Russian troops and armour pour into Ukraine
Potatoes could be off the menu as crop pests threaten UK

Potatoes could be off the menu as crop pests threaten UK

The world’s entire food system is under attack - and Britain is most at risk, according to a new study
Gangnam smile: why the Chinese are flocking to South Korea to buy a new face

Gangnam smile: why the Chinese are flocking to South Korea to buy a new face

Seoul's plastic surgery industry is booming thanks to the popularity of the K-Pop look
From Mozart to Orson Welles: Creative geniuses who peaked too soon

Creative geniuses who peaked too soon

After the death of Sandy Wilson, 90, who wrote his only hit musical in his twenties, John Walsh wonders what it's like to peak too soon and go on to live a life more ordinary
Caught in the crossfire of a cyber Cold War

Caught in the crossfire of a cyber Cold War

Fears are mounting that Vladimir Putin has instructed hackers to target banks like JP Morgan
Salomé's feminine wiles have inspired writers, painters and musicians for 2,000 years

Salomé: A head for seduction

Salomé's feminine wiles have inspired writers, painters and musicians for 2,000 years. Now audiences can meet the Biblical femme fatale in two new stage and screen projects
From Bram Stoker to Stanley Kubrick, the British Library's latest exhibition celebrates all things Gothic

British Library celebrates all things Gothic

Forthcoming exhibition Terror and Wonder: The Gothic Imagination will be the UK's largest ever celebration of Gothic literature
The Hard Rock Café's owners are embroiled in a bitter legal dispute - but is the restaurant chain worth fighting for?

Is the Hard Rock Café worth fighting for?

The restaurant chain's owners are currently embroiled in a bitter legal dispute
Caribbean cuisine is becoming increasingly popular in the UK ... and there's more to it than jerk chicken at carnival

In search of Caribbean soul food

Caribbean cuisine is becoming increasingly popular in the UK ... and there's more to it than jerk chicken at carnival
11 best face powders

11 best face powders

Sweep away shiny skin with our pick of the best pressed and loose powder bases
England vs Norway: Roy Hodgson's hands tied by exploding top flight

Roy Hodgson's hands tied by exploding top flight

Lack of Englishmen at leading Premier League clubs leaves manager hamstrung
Angel Di Maria and Cristiano Ronaldo: A tale of two Manchester United No 7s

Di Maria and Ronaldo: A tale of two Manchester United No 7s

They both inherited the iconic shirt at Old Trafford, but the £59.7m new boy is joining a club in a very different state
Israel-Gaza conflict: No victory for Israel despite weeks of death and devastation

Robert Fisk: No victory for Israel despite weeks of devastation

Palestinians have won: they are still in Gaza, and Hamas is still there
Mary Beard writes character reference for Twitter troll who called her a 'slut'

Unlikely friends: Mary Beard and the troll who called her a ‘filthy old slut’

The Cambridge University classicist even wrote the student a character reference