Walmart claims Tracy Morgan et al not wearing seatbelts

[meshaliuknits]

Walmart claims Tracy Morgan, fellow passengers weren't wearing seatbelts in crash

www.foxnews.com/entertainment/2014/09/30/wal-mart-claims-tracy-morgan-fellow-passengers-werent-wearing-seatbelts-in/

Actor-comedian Tracy Morgan and other people in a limousine struck from behind by a Walmart truck on a highway in June are at least partly to blame for their injuries because they weren't wearing seatbelts, the company said in a court filing Monday.

The filing was made in federal court in response to a lawsuit Morgan filed in July over the accident, which killed his friend James McNair, who was accompanying the former "Saturday Night Live" and "30 Rock" star back from a show in Delaware. Morgan spent several weeks in rehab with rib and leg injuries.

Walmart Stores Inc., based in Bentonville, Arkansas, said in the filing that the passengers' injuries were caused "in whole or in part" by their "failure to properly wear an appropriate available seatbelt restraint device," which it said constitutes unreasonable conduct.

An attorney representing Morgan and the other plaintiffs called Walmart's contentions "surprising and appalling."

"It's disingenuous," attorney Benedict Morelli said. "It's not what they said they were going to do initially, which was take full responsibility. I'm very upset, not for myself but for the families I represent."

The lawsuit seeks a jury trial and punitive and compensatory damages. It says the retail giant should have known that its truck driver had been awake for more than 24 hours before the crash 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.

Walmart spokeswoman Brooke Buchanan said in an email that the company "continues to stand willing to work with Mr. Morgan and the other plaintiffs to resolve this matter."

Passengers Ardley Fuqua and Jeffrey Millea and Millea's wife, Krista Millea, also are named as plaintiffs in the lawsuit. Krista Millea was not in the limousine when the crash occurred but is a plaintiff because she has a related loss-of-services lawsuit stemming from the crash.

Truck driver Kevin Roper, of Jonesboro, Georgia, pleaded not guilty to death by auto and assault by auto charges in state court. 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 65 mph in the minute before he slammed into the limo van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Roper had been on the job about 13 1/2 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.

[iammalcolmx]

Oh shit

[laurenpetro]

i'm pretty sure it's legal to not wear your seatbelt in the back of a limo in NJ?

[jlt19]

Who wears a seatbelt in a limo?

ETA: Oh, and fuck Walmart.

[orangeblossom]

I am rabid about seatbelt use, but I can say, the times I've been in a limo, for various reasons have not always had them on.

I imagine many people are the same.

As to the wreck at hand, if they think a seatbelt was going to prevent serious injuries in a much more open vehicle like a limo, where things can go flying around, and being hit at 65mph, I've got a bridge to sell them.

[IIOY]

Sept 30, 2014 12:38:48 GMT -5 meshaliuknits said:

An attorney representing Morgan and the other plaintiffs called Walmart's contentions "surprising and appalling."

"It's disingenuous," attorney Benedict Morelli said. "It's not what they said they were going to do initially, which was take full responsibility. I'm very upset, not for myself but for the families I represent."

This defense doesn't surprise me at all. However, I'm confused by the quote above. If Walmart had already agreed to take full responsibility, why was a lawsuit filed? If a lawsuit is filed, you can't expect Walmart to just roll over. I need more details as to what is going on here.

Also, we had a car accident this weekend when someone hit us while accelerating from a dead stop. The jolt was shockingly bad given the speed so I can't begin to imagine being hit by someone going 20mph faster than you are.

[redheadbaker]

So much for Wal-Mart's statement about taking full responsibility if their truck caused the accident.

[downtoearth]

Woah, the driver had been awake for more than 24 hours, and just barely under regulation with 13.5 of his 14 hours worked?! Plus he was going more than 20 mph over the speed limit according to crash investigation info. I'm pretty sure Walmart doesn't have a strong case since there are studies that drowsy driving is as bad as drunk driving.

I feel so bad for the comedian James McNair's family.

[MrsAxilla]

Why is anyone surprised that walmart's defense lawyers are defending a lawsuit?

[downtoearth]

Sept 30, 2014 12:49:21 GMT -5 IIOY said:

Sept 30, 2014 12:38:48 GMT -5 meshaliuknits said:

An attorney representing Morgan and the other plaintiffs called Walmart's contentions "surprising and appalling."

"It's disingenuous," attorney Benedict Morelli said. "It's not what they said they were going to do initially, which was take full responsibility. I'm very upset, not for myself but for the families I represent."

This defense doesn't surprise me at all. However, I'm confused by the quote above. If Walmart had already agreed to take full responsibility, why was a lawsuit filed? If a lawsuit is filed, you can't expect Walmart to just roll over. I need more details as to what is going on here.

Also, we had a car accident this weekend when someone hit us while accelerating from a dead stop. The jolt was shockingly bad given the speed so I can't begin to imagine being hit by someone going 20mph faster than you are.

Do you think it was filed b/c McNair died and his family would like compensation?

[MrsAxilla]

New Jersey is a comparative negligence state. The amount of damages the plaintiffs are awarded is reduced by the percentage that their own negligence caused their injuries. The limo company will be involved, and if it turns out they didn't have seatbelts (in violation of NJ law) they will be pay a portion of the damages, too.

[Alyssa]

Hey Walmart, you piece of shit! None of this would have happened if you're driver would have paid attention and not slammed into the van in front of him. Good try on going in for a heat reversal, blame the victims who were injured due to your own driver's negligence.

[IIOY]

Sept 30, 2014 12:56:24 GMT -5 downtoearth said:

Sept 30, 2014 12:49:21 GMT -5 IIOY said:

This defense doesn't surprise me at all. However, I'm confused by the quote above. If Walmart had already agreed to take full responsibility, why was a lawsuit filed? If a lawsuit is filed, you can't expect Walmart to just roll over. I need more details as to what is going on here.

Also, we had a car accident this weekend when someone hit us while accelerating from a dead stop. The jolt was shockingly bad given the speed so I can't begin to imagine being hit by someone going 20mph faster than you are.

Do you think it was filed b/c McNair died and his family would like compensation?

Regardless of settlement talks with anyone, if Walmart gets sued, it's going to defend itself. I don't understand why Walmart is being sued if it actually agreed to take full responsibility, which leads me to believe that it didn't actually take full responsibility and this lawyer's statement is misleading. A piece of the puzzle is missing here.

[karinothing]

Do we know what Morgan's status is? I know that he went to rehab and then was released, but I haven't heard anything since then. I know he had a broken leg, but I assume it is more than that since he has been absent from the media. Poor guy.

[laurenpetro]

Sept 30, 2014 13:25:44 GMT -5 karinothing said:

Do we know what Morgan's status is? I know that he went to rehab and then was released, but I haven't heard anything since then. I know he had a broken leg, but I assume it is more than that since he has been absent from the media. Poor guy.

I know some unsubstantiated info that's...not good.

[karinothing]

Sept 30, 2014 13:33:10 GMT -5 laurenpetro said:

Sept 30, 2014 13:25:44 GMT -5 karinothing said:

Do we know what Morgan's status is? I know that he went to rehab and then was released, but I haven't heard anything since then. I know he had a broken leg, but I assume it is more than that since he has been absent from the media. Poor guy.

I know some unsubstantiated info that's...not good.

That is too bad. I was kind of thinking he must have had a brain injury since he just disappeared from the news. I have been very impressed with his family's ability to keep things private. I hope the media is respecting that (which I assume they are since I haven't heard much).

[felicia]

What are the NJ laws about seatbelt use while in a limo?

Let's say the same Walmart driver plowed into a school bus (I haven't been on one in years, I am assuming they still do not have seatbelts). Are they going to pull this same crap because kids wouldn't have had on seatbelts?

[penguingrrl]

I just looked it up. As of 2009 all passengers in all positions of a passenger car must wear a seatbelt and limos are not exempt. So by not wearing a limo they were technically breaking the law. I'm not sure if school buses added seatbelts, but on buses and trains the risks are very different and seatbelts don't provide the protection they do in cars.

That said, fuck walmart. They let someone drive who shouldn't have been behind the wheel due to lack of sleep. That's on them.

[doxies]

All the school buses my kids have been on for the last 5 years have been equipped with seat belts.

Yes, seat belt use is a law in NJ:
The law says:
New Jersey’s seat belt law was amended on January 18, 2010 to require all adult back seat passengers 18 year of age and older to buckle up when riding in a motor vehicle. The back seat belt requirement is a secondary offense — a police officer may only ticket the unbelted adult passenger if the driver of the vehicle has committed some other motor vehicle offense. Belt use by the driver and all other passengers, however, is a primary offense. Failure to comply with New Jersey’s seat belt law carries a fine of $25 plus court costs and fees.