Tracy Morgan has filed a lawsuit against Wal-Mart following last month’s multi-vehicle crash that killed one and left the comedian in critical condition.
The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims the retail giant was should have known the truck driver, Kevin Roper, had been awake for more than 24 hours. Morgan also believes the driver’s 700-mile commute from his home in Georgia to work in Delaware was “unreasonable” and alleges the he fell asleep at 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,” states the complaint. Comedian Ardley Fuqua and Jeffrey and Krista Millea, all passengers with Morgan, have also been named as plaintiffs.
The accident occurred June 7 as Morgan was returning from a comedy show in Delaware. Authorities said Roper failed to slow for traffic ahead, causing him to swerve at the last minute to avoid the crash and hit the limo bus carrying Morgan and several other passengers.
James “Jimmy Mack” McNair, 62, was killed in the crash. Morgan suffered a broken leg and broken ribs and is currently in a rehabilitation center.
Roper, 35, has pleaded not guilty to death by auto and assault by auto charges. It is noted that he had been on the job approximately 13 1/2 hours at the time of the crash. Federal rules permit truck drivers to work up to 14 hours a day and only allow a maximum of 11 hours behind the wheel.
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Morgan seeks a jury trial and punitive and compensatory damages.