Comedian Tracy Morgan sues Wal-Mart over deadly crash - FOX 10 News | myfoxphoenix.com

Comedian Tracy Morgan sues Wal-Mart over deadly crash

Posted: Updated:
Nov. 3, 2012: Actor Tracy Morgan speaks during the taping of the Spike TV special tribute "Eddie Murphy: One Night Only" at the Saban theatre in Beverly Hills, Calif. (FoxNews.com) Nov. 3, 2012: Actor Tracy Morgan speaks during the taping of the Spike TV special tribute "Eddie Murphy: One Night Only" at the Saban theatre in Beverly Hills, Calif. (FoxNews.com)

TRENTON, N.J. (AP) - Tracy Morgan has sued Wal-Mart over last month's highway crash that seriously injured him and killed a fellow comedian.

The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van. The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.

"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," according to the complaint.

The June 7 wreck on the New Jersey Turnpike killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were injured as passengers in the limo, are also named as plaintiffs.

Morgan, the former "Saturday Night Live" and "30 Rock" star, suffered a broken leg and broken ribs in the crash and is currently in a rehabilitation center. Fuqua is recovering from crash-related injuries.

Truck driver Kevin Roper, 35, of Jonesboro, Georgia, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.

A report by federal transportation safety investigators said Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Roper had been on the job about 13 1/2 hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.

Morgan, a New York City native, was returning from a standup performance at Dover Downs Hotel & Casino in Delaware when the crash occurred.

Morgan's lawsuit seeks a jury trial and punitive and compensatory damages.

A message seeking comment from Wal-Mart was not immediately returned Saturday. An email seeking comment from Morgan's publicist was not immediately answered.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Don't Miss HeadlinesMore>>

  • Arizona's McCain: Execution was torture

    Arizona's McCain: Execution was torture

    Friday, July 25 2014 10:33 PM EDT2014-07-26 02:33:36 GMT
    U.S. District Judge Neil V. Wake was attending a ceremony for a judicial colleague when he received an urgent - and unusual - request: Lawyers for a condemned inmate wanted him to stop an execution that didn't...
    U.S. Sen. John McCain says the execution of an Arizona inmate that lasted two hours was torture.
  • Another company to give family free cruise

    Family of 5-year-old with cancer upset with cruise line

    Family of 5-year-old with cancer upset with cruise line

    Friday, July 25 2014 6:52 PM EDT2014-07-25 22:52:08 GMT
    A Long Island family is upset that a cruise line won't accommodate them after their 5-year-old son had to have emergency surgery for cancer. Nicolas Colucci and the rest of his family was supposed to go on a cruise on the Norwegian Breakaway. They did not buy travel insurance, so Norwegian says they cannot rebook the cruise so close to departure. The CEO of a rival cruise line saw their story and reached out to the Colucci family to offer them a free cruise.
    A Long Island family is upset that a cruise line won't accommodate them after their 5-year-old son had to have emergency surgery for cancer. Nicolas Colucci and the rest of his family was supposed to go on a cruise on the Norwegian Breakaway. They did not buy travel insurance, so Norwegian says they cannot rebook the cruise so close to departure. The CEO of a rival cruise line saw their story and reached out to the Colucci family to offer them a free cruise.
  • 'That's a Moray' Scuba Diver and Eel Share an Incredible Friendship

    'That's a Moray' Scuba Diver and Eel Share an Incredible Friendship

    Friday, July 25 2014 12:23 AM EDT2014-07-25 04:23:18 GMT
    This video documenting a professional diver's unlikely friendship with a moray eel is simply amazing, You may have to stop eating sushi made with eel.
    This video documenting a professional diver's unlikely friendship with a moray eel is simply amazing, You may have to stop eating sushi made with eel.

Follow Us!

Powered by WorldNow

KSAZ-TV & KUTP
511 W. Adams St.
Phoenix, AZ 85003

Phone: (602) 257-1234
Fax: (602) 262-0177

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices