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Wal-Mart Contends Tracey Morgan Is Liable Should Have Worn a Seat Belt

We all remember that frightful night June 7th, 2014, traffic was stopped 15 miles north of Trenton near Exit 8A on the New Jersey Turnpike, when a tractor trailer, driven by Kevin Roper, traveling at 65mph plowed into the back of a limousine bus causing a six-car accident. Tracey Morgan and several others were injured, and James "Jimmy Mack" McNair, was killed in the crash. Tracy is still recovering from injuries sustained; a broken leg, nose and several ribs. He is been released from inpatient rehab but still utilizes a wheelchair and walker to get around as he received in home therapy. His reps shared it will still be months before he is able to walk without assistance, as he continues to struggle.

The driver of the truck was employed by Walmart and had been driving for over 13.5 hours, when the crash occurred. Roper pleaded not guilty to charges of vehicular homicide and assault, he was released on $50,000 bail. Wal-Mart has made a public apology and vowed to take "full responsibility" for the accident if Roper was found to be at fault. The National Transportation Safety Board is still investigating the accident.

In July 10th, 2014 Morgan and three others filed suit against Walmart. The suit states “Wal-Mart knew or should have known its truck driver, Kevin Roper, had been awake for more than 24 hours before the crash, which under the law meant he should not have been on the road, according to New Jersey State Laws.”

Wal-Mart filed its contention in Federal Court on September 29, 2014, responding to the lawsuit by Morgan and three other plaintiffs. In its filing, Wal-Mart stated the injuries suffered by surviving passengers were caused in whole or in part by their "failure to properly wear an appropriate available seatbelt restraint device” and by not using seat belts, the plaintiffs "acted unreasonably and in disregard of plaintiffs' own best interests." They further went on to say the plaintiffs' damages were not caused by Wal-Mart or any of its affiliated employees; the injuries "may have been caused by third parties over whom Walmart had no control." Walmart is asking for a trial by jury.

Anytime life is lost or someone sustains life threatening injuries in an accident, a person should seek legal representation. Laws vary from state to state and experienced attorney can help you sort through your next steps. If you or someone you love has been involved in a truck accident that resulted in injury or death, please contact Kalfus & Nachman. Our experienced team of Virginia car accident lawyers can assist you with the entire process of filing a lawsuit. Call us at (855) 880-8163.

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