Wal-Mart blames Tracy Morgan for not wearing seat belt in fatal crash

Comedian and actor Tracy Morgan was not wearing a seat belt in the June 7 car accident that left Morgan hospitalized and killed another passenger./ Randy Miramontez/Shutterstock.com

Injuries sustained by comedian Tracy Morgan when his limousine was hit by a Wal-Mart Stores Inc. truck were at least partially if not wholly caused by his failure to wear a seatbelt, Wal-Mart said in court papers filed Monday.

Mr. Morgan and others had filed suit in U.S. District Court in Trenton, New Jersey on July 10 against Bentonville, Arkansas-based Wal-Mart and its Wal-Mart Transportation L.L.C. subsidiary, accusing it of being “careless and negligent” in the New Jersey Turnpike, June 7 accident, which also killed another passenger.

Mr. Morgan's lawsuit claimed the driver of the truck, who began his shift after a 700-mile commute from his home in Jonesboro, Georgia, to a Wal-Mart facility in Smyrna, Delaware, fell asleep behind the wheel because of fatigue.

Other plaintiffs in the litigation are Mr. Morgan's assistant, Jeffery Milea and comedian Ardie Fuqua, who were passengers, and Krista Milea, Mr. Milea's wife, who was not.

In its response to the lawsuit, Wal-Mart states that the plaintiffs' injuries “were caused, in whole or in part, by plaintiff's failure to properly wear an appropriate available seatbelt restraint device.” It states that in “failing to exercise ordinary care” in using seatbelts, the plaintiffs acted “unreasonably and in disregard of plaintiffs' own best interests.” New Jersey law requires all automobile passengers to wear seatbelts.

The response says also plaintiffs should be barred from recovering punitive damages because Wal-Mart “didn't engage in any wanton or willful conduct that would warrant an award of punitive damages.” It also seeks a written statement specifying the amount of damages within five days.

Wal-Mart does not address various allegations in its response, stating that because it has been designated by the National Transportation Safety Board as a party to its investigation into the accident, which prohibits the dissemination of investigative information, it cannot admit or deny allegations before it is given protective order and “adequate protections” to maintain its confidentiality.