Comedian and actor Tracy Morgan has filed a lawsuit against mega-store Wal-Mart over the fatal 18 wheeler accident that left him seriously injured and killed a close comedian friend. Tracy Morgan was traveling in a limousine on I-95 following a comedy gig when a Wal-Mart operated tractor trailer, traveling well over the speed limit, pummeled into the vehicle. Morgan sustained multiple fractures that left him needing several surgeries and facing an extended, difficult recovery. Morgan’s close friend and fellow comedian James McNair tragically perished in the accident.
On July 10, 2014, Tracy Morgan filed suit against Wal-Mart in a U.S. District Court in New Jersey. He claims in the lawsuit that Wal-Mart acted carelessly and negligently in allowing truck driver Kevin Roper to operate a truck after not sleeping in over 24 hours. This suit comes less than one month after the accident and days after Morgan’s much anticipated release from the rehabilitation center at which he had been living since leaving the hospital. Morgan will now continue his intensive recovery at home.
In the lawsuit, which is sure to become high profile and well watched, Morgan claims Wal-Mart knew or should have known that Roper was not fit to drive after not having slept in over 24 hours. Roper had driven more than 11 hours to a Wal-Mart distribution center in Smyrna, Delaware from his Georgia home. He was then allowed to continue on his truck route, which resulted in the deadly crash. Prosecutors claim Roper fell asleep behind the wheel and he faces charges of vehicular homicide.
Wal-Mart has publically stated that Roper was within the Federal guidelines for maximum hours worked. Current guidelines require truckers work for up to 14 hours with a maximum of 11 hours behind the wheel. They must then be provided with 10 hours off to allow for adequate sleep before they continue driving. Though possibly within the federal limit, Roper was certainly near exceeding it.
Tracy Morgan is joined in his lawsuit by several other passengers of the ill fated limousine who also sustained injuries. Morgan’s assistant, Jeffrey Millea, and his eight months pregnant wife are included in the suit, as is comedian Ardie Funqua. James McNair’s family has not yet filed a wrongful death suit but will likely do so in the near future.
Morgan and the other plaintiffs in the suit Morgan v. Wal-Mart are seeking both actual and punitive damages for Wal-Mart’s gross negligence, along with attorney’s fees. Although punitive damages are rarely awarded, if the court were to find Wal-Mart acted with recklessness or gross negligence, a punitive damages award in this case could be substantial.
Morgan’s case has already brought much public attention to a matter that should concern us all—overtired truckers. With the number of truckers on the roadways continuing to increase, it is imperative federal guidelines and individual companies work to ensure all truckers are acting safely while on the road.
Barrett Law PLLC: Mississippi Truck Accident Attorneys Taking On the Trucking Industry for Our Injured Clients
The catastrophic Tracy Morgan accident has called the public’s attention to the national problem of overtired and overworked truckers. This crash has spurred safety advocacy groups to continue to push for increased regulation over the trucking industry, but much work must still be done to protect the lives of all drivers. The experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for over 75 years to see that our clients who are injured in trucking accidents obtain the justice they deserve. If you or a loved one has been involved in a trucking accident, call Barrett Law PLLC today to start us working for you! We can be reached at 1 (800) 707-9577 and offer a free case analysis to all new clients.