In a statement released Monday (Sept. 29) Wal-Mart claims the injuries comedian Tracy Morgan and fellow passengers sustained in June after being hit by an alleged speeding Walmart driver, were partially their own fault.
On June 7, The “30 Rock” star and friends were in a limo driving along the New Jersey Turnpike when their vehicle was hit by a Walmart driver. Morgan’s injuries landed the comedian in the hospital for several weeks and killed his friend a college James McNair. Morgan and the remaining passengers brought a suit against the company saying the driver was tired and acted negligently.
In response, the defense said some of the injuries “were caused in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.” according to TIME.
“By failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” the response says. “Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct in using the available seat belts.”