Posted on 07/12/2014 8:53:06 AM PDT by Extremely Extreme Extremist
(CNN) —Comedian Tracy Morgan is suing Walmart over a deadly limo bus crash on the New Jersey Turnpike that left him critically injured.
The complaint was filed Thursday in the U.S. District Court in New Jersey.
Morgan, 45, suffered broken ribs, a broken nose and a broken leg in the crash in the early morning hours of June 7. His friend and fellow comedian James McNair was killed and others were injured.
The Walmart truck that rear-ended Morgan's limo was traveling 20 mph over the speed limit and its driver was almost at his drive time limit, according to a preliminary report by the National Transportation Safety Board.
(Excerpt) Read more at wapt.com ...
In other words, there is no violation as far as this aspect of the case is concerned.
Great pickup, ClearCase.guy
You’d think Tracy Morgan could afford a better lawyer.
“...almost at his drive time limit”
I don’t understand, how is Walmart responsible?
Watch out for the Walmart truck delivering a load of Walmart cards to Tracy’s door.
:: The Walmart truck that rear-ended Morgan’s limo was traveling 20 mph over the speed limit ::
This is the hinge.
Driver can be held ^personally^ responsible.
Since he was employed by WalMart at the time, there is some culpability (AKA: “deep pockets”).
Just out of curiosity, what was the velocity of the limo? (Was everyone “keeping up” with traffic?)
Walmart has deep pockets. Deeper than the insurance company, which is probably a Walmart subsidiary anyway. That is why they are being sued.
If Walmart owns the truck and employs the driver they can be held liable for the drivers actions. What remains to be seen is what, if any, responsibility rests with the bus driver.
I can assure you that Morgan will claim millions of dollars in lost wages.
doesn’t wear seatbelt, blames someone else...
Obama's fault! He demanded reduced hours, and other revised truck operation regulations. Sue DOT; they wrote the rules.
Almost at his drive time limit? Almost only counts in horseshoes, hand grenades and nuclear weapons. Oh, and maybe bocce ball and shuffleboard.
If you hire a driver and they’re driving on duty and your name is on the truck, you’re responsible for everything including the sppedin. The driver may also be held accountable.
Approaching the limit seems like the attorney threw in the kitchen sink. But speeding, write a check and fire the guy. Let the DA have him if they want.
That’s my question, too.
I'd like to know how they plan to show negligence on the part of Wal-Mart. Was the truck in good repair? Do drivers have reasonable schedules and drive time limits? Do they screen drivers' past driving records before hiring? Is there a disciplinary process in place for drivers that violate company policy?
I bet the answer to these questions is "yes" in which case the company is not negligent. They would have to show there are some *reasonable* and prudent steps Wal-Mart should take to ensure the safety of their driver and trucks on the road. Some step or steps that are not company policy and/or are not widely enforced. I don't think it is going to happen. I think they were looking for an out court settlement and Wal-Mart called their bluff. Good. Help put an end to these stupid lawsuits.
What are the seat belt laws in that state for those limo buses?
They will look into training. The records of all WM drivers. If this guy had tickets before and on and on.
“In other words, there is no violation as far as this aspect of the case is concerned. “
Other than 20 mph over.
Years ago truck drivers used to leave a lot of following space. Now many tailgate as bad a Prius drivers.
Wal-Mart is loath to make out of court settlements.
He’s got a big fight, and long, on his hands.
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