Tracy Morgan Settles His Truck Accident Law Suit Against Wal-Mart
Actor and comedian, Tracy Morgan, recently settled his personal injury lawsuit against Wal-Mart for an undisclosed and confidential amount.
On June 7, 2014, Morgan was involved in a deadly auto accident on the New Jersey Turnpike. He and five friends were traveling in a limousine while returning home to New Jersey after having performed at the Dover Downs Hotel & Casino in Delaware as part of the “Turn It Funny” comedy tour, when they were hit by a Wal-Mart 2011 Peterbilt semi-tractor trailer that was being driven by Wal-Mart employee, Kevin Roper.
Wal-Mart is legally responsible for the damages and injuries caused by Roper as the owner of the truck as well as the legal theory known as respondeat superior which is the legal theory where an employer is generally held responsible for the actions of their employees while they are working and within the course and scope of their employment.
Shortly before 1am on the date of accident the limo and truck were approaching an area of heavy construction on the New Jersey Turnpike with several lane closures and where the speed limit had been reduced to 45 miles per hour.
Roper swerved to avoid traffic and slammed into Morgan’s limousine, seriously injuring Morgan as well as two other passengers and killing his friend and comedian, James McNair.
Kevin Roper, the Wal-Mart truck driver was reported to be traveling 20 miles per hour over the speed limit and falling asleep at the wheel. Roper, who resides in Jonesboro, Georgia also is alleged to having been without any sleep for the prior 24 hours as he is alleged to have commuted more than 700 miles from his residence to the Wal-Mart distribution center where his route began in Symyrna, Delaware all while passing numerous distribution centers located closer to his residence.
A criminal complaint has been filed against Roper in Middlesex County, NJ charging him with assault and death by auto. Roper denies the allegations and has pled not guilty.
Tracy Morgan was in critical condition immediately after the accident and spent weeks in a hospital and rehabilitation center recovering. He suffered a traumatic brain injury, as well as a broken femur, a broken nose as well as broken ribs. To this day Morgan continues to recover from his injuries.
Tracy Morgan, through his attorneys has accused Wal-Mart of carelessness and negligence in the operation of the tractor-trailer in their lawsuit. They allege that Wal-Mart of violations of the Federal Motor Carrier Safety Administration Regulations that are designed to prevent truck drivers from driving without having an adequate amount of sleep.
Wal-Mart first responded by blaming Morgan’s injuries on the fact that he was not wearing a seatbelt. During one television interview, Morgan’s attorney referred to Wal-Mart ‘s answer as “despicable” and “disgusting”, stating Wal-Mart was blaming the victim for his injuries. In the lawsuit, Morgan’s attorney also stated that Wal-Mart knew or should have known that their truck driver had a lack of sleep. One year later, Wal-Mart took responsibility for the accident. Morgan now refers to the settlement as amicable.
The children of James McNair, the man who died in the accident, filed a death-by-auto lawsuit against Wal-Mart. It was reported that they also reached a settlement with Wal-Mart. The amounts of all of the victims’ settlements will also remain confidential.
If you or a loved one have been injured in a truck accident and would like a free consultation with a Florida attorney call Payer & Associates.