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
- Representative of Governor Meets With Lottery Petitioner
The Petition Denise Deckard’s parents purchased a Fun ‘s lottery ticket from the Texas Lottery Commission. They believed they had won a substantial cash prize based on the clear language of the ticket’s instructions. However, when they attempted to cash the ticket they were informed that they were not winners. Denise felt this was fundamentally […]
- GTECH Files Motion for Summary Judgment in Fun 5’s Case
GTECH (International Game Technology) has filed a Motion for Summary Judgment in the Fun 5’s case pending in Austin. The motion alleges that there are elements to the Plaintiffs’ causes of action that they will not be able to prove at the time of trial. GTECH has asked the court to hold a hearing on […]
- GTECH Files Appellee’s Brief in Dallas Court of Appeals
GTECH (International Game Technology) has filed its Brief of Appellee in the Dallas Court of Appeals in Dawn Nettles’ Fun 5’s lawsuit. Here is a summary of GTECH’s arguments: “Under Texas law, when a government contractor is sued for complying with directions it received from an entity with governmental immunity, the contractor is likewise entitled to immunity. […]
- Plaintiffs’ 3rd Amended Petition
For those of you reading the Brief of Appellant filed by GTECH (International Game Technology) in the Fun 5’s case yesterday, you may want to also review the allegations raised by the Plaintiffs in their Plaintiffs’ Third Amended Petition.
- GTECH Files Appellate Brief in Fun 5’s Lawsuit
GTECH (International Game Technology) filed its Brief of Appellant today in the Court of Appeals for the Third District of Texas at Austin. In summary, GTECH argues that it merely did what it was told to do by the Texas Lottery Commission. Therefore, GTECH asserts that it is entitled to immunity from liability for fraud under […]