After escaping a car crash with physical injuries that claimed the life of a fellow passenger, comedian Tracy Morgan has filed a lawsuit against Walmart, as the owner of the tractor-trailer that malfunctioned and drove into his limousine, as reported by NBC Philadelphia. The suit was filed on July 10. Morgan's attorney said, "Based on the investigation we have complete thus far, we feel we have a very strong case against Walmart."
Walmart issued a statement that read, "This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries. Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair who lost his life. We are deeply sorry that one of our trucks was involved. As we've said, we're 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."
McNair, 62, who died in the June 7 wreck, was also known by the name Jimmy Mack. The other men in the limousine were also comedians. Krista Millea, Millea's wife, is listed as a plaintiff along with all of the others injured. Krista Millea was 8 months pregnant at the time of the crash.
Morgan is most known for his comedic stints on the television shows "Saturday Night Live and "30 Rock." He sustained a broken leg and broken ribs in the crash and is in currently being treated in a rehabilitation center. Morgan's attorney said, "All the plaintiffs have been seriously injured but the total extent of the permanency of the injuries may not be determined for months or years."
The driver of the truck, K.R., 35, is facing a criminal complaint of failing to sleep within 24 hours before getting behind the wheel of a vehicle. He has already pleaded not guilty to death by auto and assault by auto. A federal transportation safety investigation shows that K.R. drove at a speed of 65 mph one minute before he crashed into the limousine. The posted speed limit on that part of the New Jersey Turnpike had a posted speed limit of 55 mph, but on the night of the accident that speed had been reduced to 45 mph due to construction.
According to the lawsuit, the Walmart tractor-trailer was fitted with a "collision avoidance system" that is meant to automatically apply the brakes if the vehicle senses that traffic is slowing down. The system failed to work in the incident. The suit states that Walmart knew, or should have known, that the system was malfunctioning – prior to the deadly accident. The lawsuit states that as a result of Walmart's "gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages."