Tracy Morgan sued Walmart in July after one of the company’s trucks crashed into the actor’s limo bus, critically injuring Morgan and killing Morgan’s friend and mentor, comedian James “Jimmy Mack” McNair. Today the company responded, to paraphrase, “Dear Tracy, We don’t owe you shit. Love, Wal-Mart Stores, Inc. (Save money, live better.™) P.S.: You should’ve been wearing a seatbelt. “
It did, however, argue that Morgan and three other passengers on his bus “acted unreasonably and in disregard of plaintiffs’ own best interests” by failing to buckle up, making them ineligible to recover damages.
Walmart also said it didn’t have any control over how long Roper had been driving. Morgan’s lawsuit claims the driver, who is now fighting charges of vehicular homicide and assault by auto, had commuted 700 miles that day before his shift even started. As part of his defense in that case, Roper denied the allegations of sleep deprivation.
Walmart’s lawyers have asked Morgan and the other plaintiffs to specify exactly how much they’re seeking in damages, which, Sean O’Neal at A.V. Club speculates, is the lead-up to an out-of-court settlement.
At the last report from Morgan’s camp, near the end of August, his lawyer told People he’s “having a tough time,” getting around using a wheelchair and walker, and still undergoing at-home therapy.
Morgan also suffered traumatic brain injuries, and is due for a cognitive assessment soon.
by Jay Hathaway