Tracy Morgan is suing Wal-Mart over a New Jersey Turnpike accident that left one person dead and several people hospitalized, including the 30 Rock actor.
Wal-Mart driver Kevin Roper allegedly plowed into a limousine van carrying Morgan on June 7, and Morgan and others injured in the accident allege negligence on Wal-Mart's part in a lawsuit filed Thursday in U.S. District Court in New Jersey.
"Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries,&rdquo the complaint reads. &ldquoAs a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.&rdquo
Plaintiffs include Krista Millea, the wife of late comedian James McNair, who died in the accident, as well as Morgan's assistant, Jeffrey Millea, and comedian Ardie Fuqua. The plaintiffs are suing for negligence, and in addition, Millea is suing for loss of consortium.
They are seeking compensatory and statutory damages, punitive damages, legal fees, as well as pre and post-post judgment interest, among other things at a trial by jury.
The suit alleges that Roper was fatigued when the accident occurred, and that "Wal-Mart knew, or should have known" that he had been "awake for more than 24 consecutive hours" ahead of the crash. According to the suit, Roper had driven 700 miles before the crash, and alleges he fell asleep at the wheel. It also claims Wal-Mart fails to practice policies that would prevent its drivers from becoming fatigued.??
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Roper was going 65 mph in a 45-mph zone just before the accident, according to a National Transportation Safety Board report. Roper has plead not guilty to death by auto and assault by auto charges.
Morgan left the hospital on June 20 and was moved to a rehabilitation facility.
