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
- GTECH May Blame Texas Lottery Commission for Fun 5’s Fail
GTECH Corporation, the operator of the Texas Lottery, has disclosed that it may designate the Texas Lottery Commission as a “Responsible Third Party” in the $504 million lawsuit filed against GTECH by nearly 1,000 lottery players in Austin, Texas. The disclosure was contained at the end of GTECH’s recent Response to Request for Disclosures. Background of […]
- Contingency Fees Explained – Podcast
Double Board Certified Attorney Richard LaGarde talks about contingency fees and why they make sense for certain lawsuits. Allow a few moments after clicking the play icon for video to load.
- Texas Lottery Operator GTECH Accused of Fraud
GTECH Corporation, the operator of the Texas Lottery, has been accused of fraud by nearly 1,000 lottery players. The players, all of whom purchased Texas Lottery Fun 5’s scratch-off tickets, have sued GTECH in state district court in Austin. The instructions printed by GTECH on each Fun 5’s ticket indicated that if the ticket revealed a Money Bag […]
- Promoting the Right to Trial by Jury
Mary Pat and I attended the American Board of Advocates’ national meeting in Naples, Florida. Our organization is developing new plans to teach students the importance of the 7th Amendment right to trial by jury.
- Injured pedestrian files lawsuit after being hit by Houston Chief of Police
In September of 2013, while driving a city-issued SUV, Houston Chief of Police Charles McClelland struck and injured a pedestrian who was legally crossing in a crosswalk in downtown Houston. The pedestrian, James Harris, spent a year negotiating with the city for a settlement. But Harris says that the city has yet to make a […]