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Thread: Tracy Morgan injured in car accident

  1. #31
    Elite Member Witchywoman's Avatar
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    Tracy Morgan back at home a month after deadly crash

    TRENTON, NEW JERSEY — Former "Saturday Night Live" star Tracy Morgan has been released from a rehabilitation facility as he heals from serious injuries he suffered in a car crash that left a fellow comedian dead, his spokesman said Saturday.
    Morgan will continue his recovery at home with an "aggressive outpatient program," spokesman Lewis Kay said. "He asked me to pass along his sincerest gratitude to everyone who has helped him get to this point. He would also appreciate some privacy during this crucial point in his recovery."
    The former "30 Rock" star suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind June 7 by a Wal-Mart truck on the New Jersey Turnpike.
    The wreck killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and another passenger, Jeffrey Millea, were injured.
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    On Thursday, lawyers for Morgan filed a lawsuit against Bentonville, Arkansas-based Wal-Mart Stores Inc. in U.S. District Court in New Jersey, claiming the retailer was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van.
    The complaint claims the retail giant should have known that its driver had been awake for over 24 hours and that his commute of 700 miles 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 Wal-Mart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," according to the complaint.
    Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.
    In a statement issued Saturday, Wal-Mart reiterated that it was "cooperating fully" in the ongoing investigation.
    "We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved," Wal-Mart said.
    Truck driver Kevin Roper, 35, of Jonesboro, Georgia, 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.
    A report by federal transportation safety investigators said Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.
    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, a New York City native, was returning from a standup performance at Dover Downs Hotel & Casino in Delaware when the crash occurred.

  2. #32
    Elite Member SoCalMarie's Avatar
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    A bit shady on Wal-Mart's end, IMHO... sounds to me that they are reaching for anything they can (to blame) to avoid full responsibility/a costly settlement.
    If their driver had followed the rules/regulations/paid attention to the road/the speed limit, maybe he would have had the appropriate amount of distance/time to react and there wouldn't have been a crash?

    Wal-Mart has called actor-comedian Tracy Morgan partly to blame for injuries he suffered in a New Jersey highway accident involving one of the company's trucks.

    NEWARK, N.J. (AP) — Actor-comedian Tracy Morgan and other people in a limousine struck from behind by a Wal-Mart truck on a highway in June are at least partly to blame for their injuries because they weren't wearing seatbelts, the company said in a court filing Monday.

    The filing was made in federal court in response to a lawsuit Morgan filed in July over the accident, which killed his friend James McNair, who was accompanying the former "Saturday Night Live" and "30 Rock" star back from a show in Delaware. Morgan spent several weeks in rehab with rib and leg injuries.
    Wal-Mart Stores Inc., based in Bentonville, Arkansas, said in the filing that the passengers' injuries were caused "in whole or in part" by their "failure to properly wear an appropriate available seatbelt restraint device," which it said constitutes unreasonable conduct.
    An attorney representing Morgan and the other plaintiffs called Wal-Mart's contentions "surprising and appalling."

    "It's disingenuous," attorney Benedict Morelli said. "It's not what they said they were going to do initially, which was take full responsibility. I'm very upset, not for myself but for the families I represent."
    The lawsuit seeks a jury trial and punitive and compensatory damages. It says the retail giant should have known that its truck driver had been awake for more than 24 hours before the crash and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.
    Wal-Mart spokeswoman Brooke Buchanan said in an email that the company "continues to stand willing to work with Mr. Morgan and the other plaintiffs to resolve this matter."

    Passengers Ardley Fuqua and Jeffrey Millea and Millea's wife, Krista Millea, also are named as plaintiffs in the lawsuit. Krista Millea was not in the limousine when the crash occurred but is a plaintiff because she has a related loss-of-services lawsuit stemming from the crash.
    Truck driver Kevin Roper, of Jonesboro, Georgia, pleaded not guilty to death by auto and assault by auto charges in state court. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

    A report by federal transportation safety investigators said Roper was driving 65 mph in the minute before he slammed into the limo van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph and was lowered to 45 mph that night because of construction.
    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.

    Source: Wal-Mart: Morgan wasn't wearing seatbelt in crash
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  3. #33
    Elite Member sprynkles's Avatar
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    Okay, so what if the Walmart driver had hit a bus where nobody is buckled? I hope they lose big time.

  4. #34
    Elite Member faithanne's Avatar
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    I don't know how it works in the US but here it's standard to try and claw back some of the claim by alleging contributory negligence ie the injured person is partly responsible if they were doing something dangerous like crossing the road against the traffic signal or not wearing a seatbelt. It's a gamble the insurance companies take to try and get a reduction in the settlement, not always successfully, and they can risk pissing off a sympathetic judge who will give the victims even more in compensation.
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    Elite Member louiswinthorpe111's Avatar
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    Who wears a seatbelt in a limo? Are there even seat belts in a limo?
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    Walmart should be ashamed!! Sickening,...

  7. #37
    Elite Member Trixie's Avatar
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    Quote Originally Posted by faithanne View Post
    I don't know how it works in the US but here it's standard to try and claw back some of the claim by alleging contributory negligence ie the injured person is partly responsible if they were doing something dangerous like crossing the road against the traffic signal or not wearing a seatbelt. It's a gamble the insurance companies take to try and get a reduction in the settlement, not always successfully, and they can risk pissing off a sympathetic judge who will give the victims even more in compensation.
    Yep, standard legal argument in the US too. If a seatbelt is provided, by law you are required to wear it. All they can really argue is the extent of injuries may have been reduced, not sure how provable it is in this case, but if someone was thrown from a vehicle and killed, it's an appropriate defense that the person may have only suffered minor injuries if they were strapped in. I agree a gamble but in what's probably a multi-million dollar lawsuit, it's something any competent defense attorney would argue. Obviously the majority of negligence is on the truck driver, but even a small reduction in damages could be big bucks.
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  8. #38
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    Quote Originally Posted by louiswinthorpe111 View Post
    Who wears a seatbelt in a limo? Are there even seat belts in a limo?


    Yes, there are seat belts in limos, but most people probably don't wear them. They figure that other drivers should be able to see a vehicle as large as a limo. When there are fatal accidents involving limos, it's often because they've been hit by a big truck. I wonder if Tracy Morgan suffered brain damage in that crash. He hasn't spoken publicly or appeared in public since then. All statements have come through attorneys or other people. I also haven't seen any comments by friends who have visited him.

  9. #39
    Elite Member witchcurlgirl's Avatar
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    Lawyer: Tracy Morgan May Not Recover From "Severe Brain Injury"


    Tracy Morgan's attorney says the comedian may not fully recover from the "severe brain injury" he suffered in addition to a broken leg, nose, and ribs in last June's deadly limo accident.

    "He's fighting to get better, and if there's a chance for him to be back to the Tracy Morgan he once was, he's going to try to do that," Benedict Morelli said Tuesday,according to the Hollywood Reporter. "But we just don't know because of the severity of the injuries that he sustained and the fact that he had such a severe brain injury."

    Morelli and lawyers from Walmart were in New Jersey on Tuesday for a scheduling conference about Morgan's lawsuit against the retail giant. On June 7, a Walmart truck crashed into a limo van carrying Morgan and several others, killing Morgan's friend and mentor, Jimmy Mack McNair.

    Since then, Morgan has had to cancel comedy tour dates as well appearances on a TV show and in a movie. Morelli said last month that Morgan may never recover from his injuries, claims which the lawyer reiterated Tuesday afternoon.

    "When you have a traumatic brain injury it takes a very long time to find out how you're going to do and how much you're going to recover," Morelli said Tuesday. "You just don't know. So that's where he is. He's still fighting and trying to live his life at the same time and trying to get better, and he's just not better. We're hoping and praying to get him back to where he was. But the jury's out."



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  10. #40
    Elite Member CornFlakegrl's Avatar
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    The lawyer coming right out and saying how bad it is means it's bad.

  11. #41
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    Shit, that's horrible

  12. #42
    Elite Member *DIVA!'s Avatar
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    Damn!
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  13. #43
    Elite Member levitt's Avatar
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    I loved him in 30 Rock. This is really sad.
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  14. #44
    Elite Member sputnik's Avatar
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    this is awful.
    i knew there was more to his injuries than what they were saying, otherwise you know he would have made some kind of appearance or published a picture of him from his hospital bed or something.
    Last edited by sputnik; November 19th, 2014 at 11:27 PM.
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    Fuck.

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