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'
PROMOTED VIDEO
News
ebooksAn unforgettable anthology of contemporary reportage
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 - Kent - £45,000

£40000 - £45000 per annum: Ashdown Group: HR Manager / Training Manager (L&D /...

HR Manager - Edgware, London - £45,000

£40000 - £45000 per annum + Benefits: Ashdown Group: HR Manager - Edgware, Lon...

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...

Day In a Page

A roller-coaster tale from the 'voice of a generation'

Not That Kind of Girl:

A roller-coaster tale from 'voice of a generation' Lena Dunham
London is not bedlam or a cradle of vice. In fact it, as much as anywhere, deserves independence

London is not bedlam or a cradle of vice

In fact it, as much as anywhere, deserves independence
Vivienne Westwood 'didn’t want' relationship with Malcolm McLaren

Vivienne Westwood 'didn’t want' relationship with McLaren

Designer 'felt pressured' into going out with Sex Pistols manager
Jourdan Dunn: Model mother

Model mother

Jordan Dunn became one of the best-paid models in the world
Apple still coolest brand – despite U2 PR disaster

Apple still the coolest brand

Despite PR disaster of free U2 album
Scottish referendum: The Yes vote was the love that dared speak its name, but it was not to be

Despite the result, this is the end of the status quo

Boyd Tonkin on the fall-out from the Scottish referendum
Manolo Blahnik: The high priest of heels talks flats, Englishness, and why he loves Mary Beard

Manolo Blahnik: Flats, Englishness, and Mary Beard

The shoe designer who has been dubbed 'the patron saint of the stiletto'
The Beatles biographer reveals exclusive original manuscripts of some of the best pop songs ever written

Scrambled eggs and LSD

Behind The Beatles' lyrics - thanks to Hunter Davis's original manuscript copies
'Normcore' fashion: Blending in is the new standing out in latest catwalk non-trend

'Normcore': Blending in is the new standing out

Just when fashion was in grave danger of running out of trends, it only went and invented the non-trend. Rebecca Gonsalves investigates
Dance’s new leading ladies fight back: How female vocalists are now writing their own hits

New leading ladies of dance fight back

How female vocalists are now writing their own hits
Mystery of the Ground Zero wedding photo

A shot in the dark

Mystery of the wedding photo from Ground Zero
His life, the universe and everything

His life, the universe and everything

New biography sheds light on comic genius of Douglas Adams
Save us from small screen superheroes

Save us from small screen superheroes

Shows like Agents of S.H.I.E.L.D are little more than marketing tools
Reach for the skies

Reach for the skies

From pools to football pitches, rooftop living is looking up
These are the 12 best hotel spas in the UK

12 best hotel spas in the UK

Some hotels go all out on facilities; others stand out for the sheer quality of treatments