I'd like to know how they plan to show negligence on the part of Wal-Mart. Was the truck in good repair? Do drivers have reasonable schedules and drive time limits? Do they screen drivers' past driving records before hiring? Is there a disciplinary process in place for drivers that violate company policy?
I bet the answer to these questions is "yes" in which case the company is not negligent. They would have to show there are some *reasonable* and prudent steps Wal-Mart should take to ensure the safety of their driver and trucks on the road. Some step or steps that are not company policy and/or are not widely enforced. I don't think it is going to happen. I think they were looking for an out court settlement and Wal-Mart called their bluff. Good. Help put an end to these stupid lawsuits.
They will look into training. The records of all WM drivers. If this guy had tickets before and on and on.
In addition to claiming that Roper was exhausted when he crashed his 18-wheeler, the suit alleges he had driven more than 700 miles from his home in Jonesboro, Ga., to a Walmart distribution center in Smyrna, Del., before beginning his shift.
“Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries,” the suit reads.
http://nypost.com/2014/07/12/tracy-morgan-suing-walmart-for-deadly-nj-turnpike-crash/
And that could/should show the Wal Mart driver was impaired due to his long drive just to get to work.