Walmart Blames Tracy Morgan for His Crash Injuries

Injuries tied to lack of proper restraint, says company in lawsuit
By Matt Cantor,  Newser Staff
Posted Sep 30, 2014 6:55 AM CDT
Walmart to Tracy Morgan: You Should Have Worn a Seat Belt
In this April 9, 2014, file photo, actor Tracy Morgan attends the FX Networks Upfront premiere screening of "Fargo" at the SVA Theatre in New York.   (Photo by Greg Allen/Invision/AP, File)

Facing a lawsuit by those injured in a six-car collision—among them comedian Tracy Morgan—Walmart has responded that Morgan and Co. should have been wearing their seatbelts. Injuries in the accident, which involved Walmart truck driver Kevin Roper, "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device," Walmart says in a defense, as per the Hollywood Reporter.

"By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests." It's one of nine affirmative defenses from the company, the Reporter notes. Others include an argument that Walmart had no control over any third party responsible. The company "did not engage in any wanton or willful conduct that would warrant an award of punitive damages," it says. A lawyer for Morgan says Walmart's stance is "surprising," "appalling," and "disingenuous": "It's not what they said they were going to do initially, which was take full responsibility," he tells the AP. (More Tracy Morgan stories.)

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