Clackamas County, OR-In just a four weeks after suffering serious injuries in a truck-limousine accident, actor and comedian Tracy Morgan was able to leave the hospital and return home to finish his recovery. The “30 Rock” star also filed a personal injury lawsuit against the big-box retailer, blaming them for the June truck accident that let one person dead and injured Morgan and two others.
The former “Saturday Night Live” alum suffered a broken leg, broken ribs and was in critical condition for weeks following the accident. He was released over the weekend and will continue an “aggressive outpatient therapy” program in his home.
James McNair, comedy writer and Morgan’s friend, was killed when the limousine they were traveling in was hit from behind by the Walmart tractor-trailer. Two other passengers, comedian Ardley Fuqua and Morgan’s assistant, Jeffery Millea, were also injured.
The suit claims Walmart must take some responsibility for the June 7 collision because they knowingly allowed a fatigued driver on the road after he had just made a long commute from Georgia to Delaware where the driver picked up the tractor-trailer he was driving at the time of the NJ Turnpike collision.
In his suit, Morgan says Walmart is culpable because the company allowed Roper begin his driving shift despite having already driven 700 miles.
Days after the accident, the NTSB launched an investigation into the accident because it involved two commercial vehicles, and recently released some of their preliminary results. According the NTSB, the driver was traveling at 65 mph at the time of the accident and was speeding through a construction zone. The agency has not confirmed whether fatigue played a role in the accident, but New Jersey state police noted in their report that the driver Kevin Roper admitted to being awake for the hours prior to the accident.
“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,” the complaint states according to Fox News.
Morgan is seeking compensation for his accident-related costs and emotional distress along with punitive damages. Morgan’s lawsuit appears to place the most liability on Walmart and a Walmart Transportation Inc. Both Millea and Fuqua are listed as plaintiffs in the suit.
The driver, Kevin Roper, just days after the accident pleaded not guilty to charges of vehicular manslaughter.
The lawsuit should come as no surprise since Morgan and the other accident victims will face very costly medical bills. No matter how much or how little money a person has, or how famous they are, the burden of paying exorbitant medical bills should not fall on their shoulders. That burden should fall onto the shoulders of a negligent driver or trucking company and with the assistance of an Oregon truck accident attorney that won’t happen.
If you have suffered and injury or lost a loved one in an Oregon truck accident, you need a Clackamas County truck accident attorney on your side. When you have assistance from an attorney, you can have the confidence you will get a settlement that reflects your physical and emotional suffering.