Tracy Morgan Sues Wal-Mart Following Tractor-Trailer Collision
Houston, TX (Law Firm Newswire) August 19, 2014 – Comedian Tracy Morgan is suing Wal-Mart Stores for its role in a crash in which he was severely injured.
On June 7, 2014, comedian James McNair was killed, and Morgan and two friends were injured, when a Wal-Mart tractor-trailer rear-ended their chauffeured limo van on the New Jersey Turnpike. Prosecutors charged the truck driver with death by auto and assault by auto, claiming that he had not slept in more than 24 hours preceding the crash. Morgan’s lawsuit accuses Wal-Mart of negligence in the operation of its truck.
“If these allegations are true, both the driver and Wal-Mart acted negligently,” said attorney Richard LaGarde, who is not involved with the case. “Each had a responsibility to ensure the heavy truck was not operated under unsafe conditions. It’s simply not possible to drive a semi safely after 24 hours without sleep.”
The suit claims the driver, Kevin Roper of Georgia, had been driving for more than 25 hours before the crash, including a 700-mile commute from his home to a Wal-Mart facility in Delaware. The suit says the company should not have allowed Roper to begin a work shift following his commute.
According to the National Transportation Safety Board, Roper was also speeding. An NTSB report said he was driving 65 mph leading up to the crash. The speed limit at the site of the accident, which is normally 55 mph, had been lowered to 45 mph due to construction.
Wal-Mart issued a statement saying they were fully cooperating with the investigation and were “committed to doing the right thing.”
LaGarde Law Firm, P.C
3000 Weslayan, Ste. 380
Houston, TX 77027
Phone: (713) 993-0660
Toll Free: 1-866-LAGARDE
LaGarde Law Firm, P.C.
Jason M. Welborn - Of Counsel
617 S. Buchanan Street
PO Box 2053
Lafayette, LA 70501
Phone: (337) 443-4100
Toll Free: 1-866-LAGARDE
- New study calls the benefits of Texas medical malpractice reform into question
Texas tort reform is again in the news, thanks in part to the recent Ebola crisis. Legal news analysts have been assessing the case of Thomas Eric Duncan, the deceased Dallas Ebola patient. Texas Presbyterian Hospital has admitted that Duncan should have been tested for Ebola upon his first visit to the emergency room, but […]
- Parents sue school district over daughter’s tragic suicide
On November 20, 2013, a seventh grade girl in Nevada used her school’s website to report that her friend, Hailee Lamberth, was being relentlessly bullied by another girl at school. Under Nevada law, school officials should have informed Hailee’s parents, Jason and Jennifer Lamberth, within 10 days of the report. But no one ever contacted […]
- Louisiana bans further installation of deadly guardrails
At the end of October, Louisiana joined the growing number of states that have banned any new installations of the ET-Plus highway guardrail. The guardrail has been linked to numerous deaths since 2005, when a design change produced a deadly malfunction. According to numerous reports, the new design caused a piece of metal that normally […]
- Oil prices continue to slide, but Texans aren’t worried
The slide in oil prices has continued into December, but Texas oil companies and boom towns say they aren’t too concerned. According to reports in USA Today and the Texas Tribune, many in the oil and gas field feel that Texas is prepared to weather the ups and downs of oil prices. Texas has experienced […]
- Making headlines: Fiat Chrysler’s failure to act on Jeep fuel-tank fire risk
In June of 2013, the National Highway Traffic Safety Administration (NHTSA) asked Fiat Chrysler to recall millions of Jeep Liberty and Jeep Grand Cherokee vehicles because of a deadly problem with fuel-tank fires. Fiat Chrysler refused to acknowledge any problem with the fuel tanks, but after pressure, they decided to recall some, but not all, […]