A little over a month after the highway crash that initially landed him in critical condition (June 7), Tracy Morgan is now slapping Walmart with a lawsuit, according to Fox News. Pointing to the retail giant as the culprit behind his limo bus being rear-ended by a tractor trailer, the comedian is connecting the fatal accident to Walmart’s neglection of its employee.
Kevin Roper, who was behind the wheel of the company’s vehicle that caused the incident, slammed into Morgan’s limo bus after falling asleep behind the wheel. In the motion filed in U.S. District Court in New Jersey on Thursday (July 10), the blame for Roper’s fatigue lies with Wal-Mart.
“Wal-Mart knew, or should have known, that Mr. Roper was awake for more than 24 consecutive hours immediately before the subject accident,” the complaint reads.
Morgan’s lawyers also wrote in addition to Walmart’s negligence of its driver’s state, the company was also “unreasonable” in having Roper drive 700 miles from his native Georgia to Delaware. The motion also states that Roper was driving at 65 mph while the speed limit was 45 mph. The collision left Morgan’s longtime friend James McNair dead, and the comedian with substantial injuries.
"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," the complaint says.
Roper plead guilty to charges including assault by auto and vehicular homicide. Morgan’s condition has been upgraded to fair. Walmart has not responded to the claims made.
Read the full court documents here.