Tracy Morgan is at Fault for His Injuries – Per Walmart – From June Crash
In response to the lawsuit Tracy Morgan filed over the June car crash that left the actor in serious critical condition, Walmart has responded, claiming that the injuries suffered by Morgan are “in whole or in part” due to the comedian’s failure to wear a seat belt.
A nearly 30-page response was filed by Walmart in response to the complaint by Tracy Morgan’s (and three others surviving passengers’) attorneys. Allegedly Walmart employee Kevin Roper was driving a truck for the big box store when he collided with the rear of the vehicle Morgan was riding in on the New Jersey Turnpike. Roper plead not guilty in June to a myriad of charges, including assault by auto and vehicular homicide. Walmart is disputing that there is any basis for the allegations against them, and that the injured parties (defendants) failed to “mitigate their losses” by not wearing seatbelts.
Walmart is claiming that they could actually end up being the critically injured party, seeing as their right to due process is being violated — because they “did not engage in any wanton or willful conduct that would warrant an award of punitive damages.” Walmart has also demanded that the defendants submit a written statement denoting a specific tally in order to assess potential damages. This type of statement will presumably be utilized in determining an out-of-court settlement amount.
The national chain also claimed it was currently unable to “admit or deny” any specific allegations, as the ongoing investigation by the NTSB (National Transportation Safety Board) precludes it from doing so. Yet they were able to assign full or partial culpability to Mr. Morgan and the other passengers, while also denying their right to sue.
The Motor Vehicle Accident Practice at Harold J. Gerr
Our firm provides thorough and result-driven legal counsel to individuals who have been hurt in accidents on roadways in New Jersey due to the carelessness or negligence of others. We handle cases involving injuries sustained in car or motorcycle accidents, bicycle wrecks, mass transit or bus accidents, and commercial vehicle accidents involving big rigs, 18-wheelers, semis, tractor-trailers or delivery trucks.
We know how to help you pursue full and fair compensation if you have been hurt by a hit-and-run driver or by an uninsured or underinsured motorist.
Contact Harold J. Gerr, Attorney at Law
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