Tracy Morgan Still on Path to Recovery
Back in November, we ran a piece about Tracy Morgan and how Walmart was blaming the actor for his own injuries. There was some talk at the time that Mr. Morgan might never walk again, and that he was struggling through his recovery. That’s why it made us happy – and made it a bit easier to stand on line at the grocery store – to see Mr. Morgan on the cover of US Weekly, standing on his own two feet with the help of a cane. Though he was unable to participate in the 40th anniversary special of Saturday Night Live because of his injuries, we hope that he continues to recover.
While Mr. Morgan’s physical therapy seems to be moving along, his lawsuit is still in its initial stages. The driver of the truck, Kevin Roper, had originally requested a delay in the lawsuit because he faced other criminal charges in state court, and he believed that by not resolving those issues first his “right to a fair trial would be hampered and that he would, in effect, be on trial in the civil case even though he wasn’t a defendant” in Mr. Morgan’s federal case against Walmart. That motion to delay was denied. As of February 3, 2015, Mr. Morgan could proceed with his lawsuit.
The lawsuit
The complaint lists three counts of negligence, one claim of loss of consortium on behalf of Krista Millea, one of the Plaintiff’s wives, and cites “reckless or intentional conduct” on behalf of Walmart and Walmart Transportation. The family of James McNair, the only passenger to die in the accident, has already settled with Walmart for an undisclosed sum.
Walmart has contested Mr. Morgan’s suit by raising the affirmative defense that he was not wearing a seat belt, and that it contributed to the injuries he sustained. Because the lawsuit was filed in New Jersey, which has a form of comparative negligence laws (meaning that a plaintiff must prove his or her injuries were at least 51% the fault of the defendant), the defense by the country’s largest retailer could prohibit Mr. Morgan from obtaining any compensation even if Wal-Mart is found to be responsible for causing the accident.
We are rooting for Mr. Morgan; not only because he makes us laugh, and because he has a family, but because he refuses to let a negligent party off the hook. He is demanding accountability from a wrongdoer. At Plaxen Adler Muncy, P.A. everything we do, we do to help protect people and demand accountability from those who have harmed them. Mr. Morgan’s limo was hit by a speeding truck driven by an allegedly fatigued driver, and the impact was enough to give him a traumatic brain injury and to kill one of his closest friends. It is a tragic scenario, and one that we are very familiar with.
We hope Mr. Morgan continues to recover from his injuries. We also hope that his lawsuit might be a lesson to those companies that think they are above the law: if you are responsible for another person’s injuries, you will be held accountable for it.
Learn more about the Tracy Morgan case:
Truckers and Sleep Apnea – What is the Law?
Walmart Blames the Victim: the Tracy Morgan Story
Comedian Tracy Morgan Settles Case with Wal-Mart
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.