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Friday 22 August 2014

US comedian Tracy Morgan suing Wal-Mart over fatal crash which left him seriously injured

Published 12/07/2014 | 19:01

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Comedian Tracy  Morgan from the television series "30 Rock"
Comedian Tracy Morgan

US comedy star Tracy Morgan has sued Wal-Mart over last month's crash involving one of its drivers that left him seriously injured and a fellow comedian dead.

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The lawsuit, filed in US District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its trucks rammed into Morgan's limousine van on June 7.

The complaint claims the retail giant should have known the driver had been awake for more than 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, wilful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," according to the complaint.

Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.

In a statement, Wal-Mart reiterated that it was "co-operating fully" in the 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," Wal-Mart said.

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

Morgan, the former Saturday Night Live and 30 Rock star, suffered a broken leg and ribs in the crash and is in a rehabilitation centre. Fuqua is recovering from crash-related injuries.

Truck driver Kevin Roper, 35, of Jonesboro, Georgia, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

A report by federal transportation safety investigators said Roper was driving at 65mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of road is 55mph and was lowered to 45mph that night because of roadworks.

Roper had been on the job for more than 13 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.

Morgan, a New York City native, was returning from a stand-up comedy performance at Dover Downs Hotel & Casino in Delaware when the crash occurred.

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