Walmart Faults Tracy Morgan for Not Wearing Seatbelt in Limo Crash
Injuries suffered by Morgan and fellow passengers 'were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device,' company says in legal filingWalmart said Monday that comedian Tracy Morgan and several others injured in an accident on the New Jersey Turnpike in June were partially responsible for their injuries, for failing to wear seatbelts.
A speeding Walmart driver allegedly hit Morgan's limo on June 7, badly injuring the comedian and killing friend and colleague James McNair. Morgan and three others brought a suit against the company in July, alleging that driver Kevin Roper was fatigued and that Walmart acted negligently.
In a response Monday, the company largely refrained from responding to the allegations brought in the suit, citing National Transportation Safety Board regulations regarding ongoing investigations.
But in a list of affirmative defenses, the company said that the injuries 'were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device.'
'By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests,' the response says. 'Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct in using the available seatbelts.'
Brooke Buchanan, a company spokesperson, declined to comment further on the filing.
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