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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