Friday, July 25, 2014

Tracy Morgan Sues Wal-Mart Over Injuries Sustained in Semi Truck Crash

Actor/comedian Tracy Morgan, known for his work on the television shows Saturday Night Live and 30 Rock, is suing retail giant Wal-Mart over injuries sustained when his limousine bus was struck by a tractor-trailer on the New Jersey Turnpike last month. The driver of the truck, Kevin Roper of Georgia, is not named as a defendant in the lawsuit. Rather, the complaint alleges that Wal-Mart was negligent in several ways, including:
  • Having Roper commute 700 miles to work and then assigning him a long driving shift, rather than having him report to a distribution facility closer to his home
  • Allowing Roper to drive a truck whose automatic brakes and collision-avoidance systems were not working properly
  • Allowing drivers to routinely work shifts longer than are permitted under FMCSA regulations, including driving beyond the maximum hours per day, driving too many consecutive hours without rest, and driving beyond the maximum allowed hours per week
Roper is said to have gone without sleep for 24 hours prior to the crash. He also may have been driving beyond allowable FMCSA regulation limits. The Federal Motor Carrier Safety Administration allows a trucker to work up to 14 hours a day, with a maximum of 11 hours behind the wheel. At the time of the accident, Roper had already clocked 13 ½ hours on the job.

Roper's own negligence could make him liable for the injuries caused. As Roper's employer, Wal-Mart may be held liable for the negligence of its employee, as well as its own negligence and reckless and intentional misconduct as outlined in the lawsuit.

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