Tracy Morgan sues Wal-Mart for crash that killed 1

[alp227]

Source: AP

TRENTON, N.J. (AP) —Tracy Morgan has sued Wal-Mart over last month's highway crash that seriously injured him and killed a fellow comedian.

The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van. The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver 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," according to the complaint.

The June 7 wreck on the New Jersey Turnpike killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were injured as passengers in the limo, are also named as plaintiffs.

Read more: http://bigstory.ap.org/article/tracy-morgan-sues-wal-mart-crash-killed-1

[Drunken Irishman]

1. Good for Tracy. Hope he takes 'em to the cleaners.

[MH1]

13. I'm sure insurance will pay out and that will be the end of it.

I had something similar happen to a relative, and that was basically the result of the lawsuit. No fuss, no muss, except that my relative is still dead. (His family did get a good payout so that's something.)

Of course here it involves famous people and a well-known corporation, so maybe things will be different.

It would certainly be positive if they could shine a light on the unsafe trucking schedules. As well as a good payout for the survivors and relatives.

[PatrickforO]

2. I heard this driver hadn't slept in 24 hours, so

in my eyes, Wal-Mart is liable, because they are having their semis drive illegally to cut costs and so eke out that last few pennies of profit per truckload. I hope Tracy Morgan wins big time, I mean enough in punitive damages to ensure that Wal-Mart NEVER DOES THAT AGAIN.

[davidpdx]

4. I hope he wins as well

But I'm skeptical this will change anything. Wal-Mart is immune to the rules. While they may end up with a verdict where an 8 or 9 figure sum is required to be paid out, we all know that will be appealed and lowered by a higher court. Hell Wal-mart could drag a decision out for years before settling. Meanwhile the driver will be thrown under the bus (literally) and probably in prison for a long stretch.

[Enthusiast]

6. +1! "Wal-Mart is immune to the rules."

You got that shit right.

[davidpdx]

3. Screw'em hard and don't settle out of court

Demand that the evidence is made public so people can see the shit Wal-Mart does.

[Kalidurga]

5. I hate to break it to ya'll,

but this is SOP industry wide and nationwide. It is not just Walmart it is every retailer that does this. Truck drivers are always supposed to be on time no matter what. Traffic jam in Chicago well don't let that 4 hour delay get in the way take a no-doze and keep truckin.

[itsrobert]

7. Just because it is SOP

doesn't make WalMart less liable.

[Kalidurga]

11. No it doesn't make them less liable. Perhaps it actually makes them more liable..

they have more trucks on the road than most corps. But, the point I was trying to make is that this is a lot more of a serious issue than a lot of people realize it's perhaps a federal issue involving interstate commerce and trucking safety.

[Ash_F]

28. Well said.

Usually these stories are indicative of deeper problems.

[GeorgeGist]

12. The bean counters have already calculated the cost of non-compliance ...

it's cheaper to accidentally kill/maim a few innocents.

[tclambert]

27. To kill or not to kill for a penny more of profit? That is the question.

Who am I kidding? That's no contest. The MBAs will slaughter countless innocents for that penny of profit.

[Kermitt Gribble]

15. Not just retailers.

I drove for small, local steel haulers for about 10 years. As long as there was something to haul, you were expected to be in the truck around the clock.

[Kalidurga]

23. Yes,

we are all in danger from this. If you are on the highway and there are semi trucks you can bet on a good portion of the drivers are driving while exhausted.

[awoke_in_2003]

25. and we can expect more of it...

as unions like the Teamster's lose more and more power and get zero support from even the democratic party.

[wordpix]

34. if it's SOP we're all in trouble & thank you Tracy for trying to make us all safer

[madokie]

8. Sue the piss out of 'm

I can happily report that the local walmart is loosing business by the hour. The place whose several acre parking lot used to be full on a friday evening was almost empty when we went by there yesterday evening. Without driving miles and miles its pretty much the only place to shop around here and even with that they're still going down hill.

[Myrina]

14. That sort of thing happens when people don't have jobs/income/assistance to buy Wal Mart crap.

The GOP's "race to the bottom" in refusing to address a jobs bill, raise the minimum wage and incessant attack on the safety net is doing more damage than the Koch's and Walton's planned ... they are now losing their own customer base and, ultimately, losing profits and shareholder value. One can only hope they stop the insanity before folks really hit absolute bottom.

[onecent]

9. You go Tracy, and I hope the friends'

family hits Walmart with a lawsuit also. These big companies think they can fuck over their employees inside and outside of the building. Yes I shop at Walmart, need to as do alot of other Americans....and the employees look so sad...it is a sad sad place. Everyone is dressed like they slept in their clothes the last 3 nights...employees and customers... Some employees get off work and go to another job...

IT IS DISGUSTING....Why can't they pay their people a decent wage??????? PLUS TREAT THEM RIGHT!

[stuffmatters]

10. Didn't Sen Susan Collins just sponsor an anti trucking regulation bill?

Tracy would be a GREAT one to tape a psa spot illuminating Collins' reckless legislation.

[VA_Jill]

16. I think

it's a deep-pockets suit. My understanding is that Wal-Mart (which we refer to in our house as FWM---you figure it out!) has e-logs in its trucks which tell how long a vehicle has been on the road. If the driver had been awake for longer than that, or had tampered with the e-log, it's on him and not on the company, but you sue the biggest first. That's how it works.

[Uncle Joe]

18. Kicked and recommended.

Thanks for the thread, alp.

[Gothmog]

19. This lawsuit will be settled soon

[yurbud]

20. to really underline the point, he should give the money to the driver

so he doesn't have to work for Walmart anymore.

[louis-t]

21. Yes, but their productivity increased by .0005 percent

by forcing the guy to drive for 24 hours straight! Think of the pennies they saved!

[blkmusclmachine]

22. Tracy Morgan. Is he that guy that said he would beat-up his gay kid???

[Ash_F]

29. ...

http://abcnews.go.com/Nightline/video/louis-ck-tracy-morgan-gay-comment-15123010

[valerief]

24. Hope he wins and it's not overturned. Like the sleeping Wal-Mart truck. nt

[liberalmuse]

26. Good!

It's about time someone confronted WalMart and other corporations on their "profits before people" philosophy. How long are we going to put up with this sh*t? Apparently most people are okay with corporations doing what they do. You know, those entities that human beings who worship the almighty dollar like to hide behind? They're no different than people who hide behind religion ("Prophets before people&quot , who also worship the same almighty material prize-giving entity, whether they want to believe it or not. Basically, it's all a human-contrived way to commit atrocities against other human beings while pretending blamelessness and even righteousness. It's all an illusion. The truth is, all human beings need is other human beings, not some towering corporation or god of our own creation. When will we human beings wake up to this bullsh*t and say, "Enough!"?

[Hoppy]

30. If Walmart scheduled the driver for more than 11 hours per day, they are at fault.

If the guy didn't sleep because he was playing poker, masturbating or whatever, it is not Walmarts fault.

[lunatica]

31. Who doesn't sleep for 24 hours because they'd rather be masturbating?

Really? That's not much of an objective comment you made there.

[Hoppy]

32. Sorry sweetheart, I'll try to make it simple for you.

Walmart is responsible for scheduling drivers in a time frame that permits them to complete their route within the federal time limits. That is all they are responsible for, as far as time is concerned.

A driver is required to have 13 hours off each day.

It is not Walmart's responsibility to see that the driver uses any of that time for sleep.

[lunatica]

33. I guess you don't know the difference between objective comments and reason

I can't simplify it for you if you don't get it. And your condescending 'sweetheart' put down is duly noted and registered as bordering on sexist.

[wordpix]

35. driver was also speeding 20 mph over limit

snip: Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Truckers who drive over the speed limit are a menace on the roads and hwys. I've driven the NJ Tpke enough times to know, but I've never seen a trucker pulled over by state police.