ByMark Newton, writer at Creators.co
Movie Pilot Associate Editor. Email: [email protected]
Mark Newton

Tracy Morgan might not be ready to perform again just yet, but he seems well enough to make a phone call to his lawyer and prepare a lawsuit against Walmart.

On June 7th, a Walmart truck plowed into the back of Morgan's limousine van, severely injuring Morgan and several others as well as killing fellow comedian James McNair. It was later revealed that the driver of the vehicle, Kevin Roper, fell asleep at the wheel after being awake for 24 consecutive hours.

The suit, which was filed in New Jersey last week and included Morgan's assistant, Jeffrey Millea, his wife Krista Millea and comedian Ardie Fuqua as further plaintiffs, stated:

Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.

For the most part, the legal action is aimed primarily at Walmart and not Roper. The suit claims that Roper had been awake for over 24 hours, contravening shift limits set by the Federal Motor Carrier Safety Administration, and was forced to commute 700 miles before he even began his shift. Since Roper has acting on behalf of Walmart, they are responsible for any possible negligence. The suit claimed 'Walmart knew or should have known' about these violations and continued:

Walmart not only failed to condemn, but condoned this practice of its drivers routinely violating the F.M.S.C.A. Regulations.

For their part, Walmart provided the following response:

This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries. Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair, who lost his life. We are deeply sorry that one of our trucks was involved. As we've said, we're cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved.

On June 20th, Morgan left the hospital and moved to a rehabilitation facility. More recently, he left rehabilitation to continue his treatment with an "aggressive outpatient program".

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Source: The Hollywood Reporter

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