Tracy Morgan sues Walmart for crash that killed 1

  • AP, Trenton, New Jersey
  • Updated: Jul 12, 2014 16:03 IST
Tracy-Morgan-was-injured-in-a-crash-in-New-Jersey-over-the-weekend-The-accident-left-one-man-and-severly-injured-the-30-Rock-star-Photo-Courtesy-Facebook-realtracymorgan

Tracy Morgan has sued Walmart over last month's highway crash that seriously injured him and killed a fellow comedian.

The lawsuit, filed Thursday in US District Court in New Jersey, claims Walmart was negligent when a driver of one of its trucks rammed into Morgan's limousine van. The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles (1,125 kilometers) from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.

"As a result of Walmart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," according to the complaint.

The June 7 wreck killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were passengers in the limo, are also named as plaintiffs.

Morgan, the former "Saturday Night Live" and "30 Rock" star, suffered a broken leg and broken ribs in the crash and is currently in a rehabilitation center. Fuqua is recovering from crash-related injuries.

Truck driver Kevin Roper, 35, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

Roper had been on the job about 13 1/2 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.

Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.

A message seeking comment from Walmart was not immediately returned Saturday. An email seeking comment from Morgan's publicist was not immediately answered.

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