Tracy Morgan’s injuries in deadly crash were his fault, Wal-Mart says in response to lawsuit
Wal-Mart defended itself Monday against a lawsuit by former ‘SNL’ funnyman Tracy Morgan by filing papers that threw blame for his injuries back on him.
The comic created his own suffering by failing to wear a seat belt June 7, when the deadly crash occurred, Wal-Mart claimed.
Morgan, 45, had sued the retail giant in July in U.S. District Court in New Jersey.
He claimed Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan’s limousine bus.
The wreck on the New Jersey Turnpike killed Morgan’s comedian friend Jimmy Mack, 62.
It also left the “30 Rock” star with a broken leg and broken ribs.
In its response Monday, Wal-Mart denied any responsibility for the auto accident — and said Morgan’s claim that the crash came from their negligence was bogus.
“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device,” Wal-Mart’s court papers said.
Morgan failed to “exercise ordinary care in making use of available seatbelts … and acted unreasonably and in disregard of plaintiffs’ own best interests,” Wal-Mart alleged.
The retail giant also argued it didn’t owe any punitive damages to Morgan because he was negligent in failing to wear his seatbelt, as required by law.
Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were passengers in the limo, were also named as plaintiffs in Morgan’s suit.
The truck driver, Kevin Roper, has pleaded not guilty to death by auto and other charges.
An attorney representing Morgan and the other plaintiffs hasn’t commented.
Authorities say the Georgia truck driver hadn’t slept for more than 24 hours before the crash.