Following up on our blog post about the truck accident involving the actor and comedian Tracy Morgan on June 23 (“Driver fatigue investigated in New Jersey Truck Accident”), Tracy Morgan continues to focus on his recovery from the motor vehicle accident in which he was injured on June 7. It is reported that the actor has filed a lawsuit against Wal-Mart. The New Jersey accident, which happened in early June, led to serious injuries suffered by Morgan and at least two more comedians, as well as the death of Morgan’s mentor and fellow comedian, James McNair. Morgan and the other victims allege that driver fatigue played an integral role and that Wal-Mart should have been aware of the situation.
The accident happened in early June when the driver of a Wal-Mart truck allegedly fell asleep while driving and crashed into the vehicle in which Morgan and several friends were travelling. According to reports, the truck driver had not slept in 24 hours at the time of the accident. The truck was fitted with a collision-avoidance system, which allegedly failed. The truck driver was arrested and faces several charges relating to the accident. In the complaint filed, it is alleged that the retail company either knew of the possibility of driver fatigue, as well as the fact that a safety feature of the truck was not fully functional, or should have been aware of these facts.
The comedian is seeking loss of income due to the extended hospital stay and the rehabilitation period to follow, pain and suffering, as well as for possible lasting disabilities as a consequence of the accident. The wife of the deceased, James McNair, is also one of the plaintiffs in the suit. The amount claimed for damages was not specified.
In this personal injury and wrongful death claim, the court consider several factors. These include issues such as what role driver fatigue may have played in the accident and to what extent Wal-Mart can be held responsible. In a civil claim, as the one filed by the comedian and his friends and colleagues, the New Jersey court may award damages sought if the evidence documents that negligence was the contributing cause of the accident.
Source: deadline.com, “Tracy Morgan suing Wal-Mart over crash that injured him, killed his mentor“, Mike Fleming, Jr., July 11, 2014
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