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Tracy Morgan sues Walmart over deadly crash
WAPT.COM ^ | 12 JULY2014 | CNN

Posted on 07/12/2014 8:53:06 AM PDT by Extremely Extreme Extremist

(CNN) —Comedian Tracy Morgan is suing Walmart over a deadly limo bus crash on the New Jersey Turnpike that left him critically injured.

The complaint was filed Thursday in the U.S. District Court in New Jersey.

Morgan, 45, suffered broken ribs, a broken nose and a broken leg in the crash in the early morning hours of June 7. His friend and fellow comedian James McNair was killed and others were injured.

The Walmart truck that rear-ended Morgan's limo was traveling 20 mph over the speed limit and its driver was almost at his drive time limit, according to a preliminary report by the National Transportation Safety Board.

(Excerpt) Read more at wapt.com ...


TOPICS: Health/Medicine; Society
KEYWORDS:

1 posted on 07/12/2014 8:53:06 AM PDT by Extremely Extreme Extremist
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To: Extremely Extreme Extremist
its driver was almost at his drive time limit

In other words, there is no violation as far as this aspect of the case is concerned.

2 posted on 07/12/2014 8:54:23 AM PDT by ClearCase_guy ("Harvey Dent, can we trust him?" http://www.youtube.com/watch?v=HBsdV--kLoQ)
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To: ClearCase_guy

Great pickup, ClearCase.guy

You’d think Tracy Morgan could afford a better lawyer.


3 posted on 07/12/2014 8:57:04 AM PDT by Walrus (I love the America that used to be ---I hate the America that now IS!)
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To: Extremely Extreme Extremist

“...almost at his drive time limit”

I don’t understand, how is Walmart responsible?


4 posted on 07/12/2014 8:57:26 AM PDT by Antihero101607
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To: Extremely Extreme Extremist

Watch out for the Walmart truck delivering a load of Walmart cards to Tracy’s door.


5 posted on 07/12/2014 8:58:30 AM PDT by ImJustAnotherOkie (zerogottago)
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To: Extremely Extreme Extremist

:: The Walmart truck that rear-ended Morgan’s limo was traveling 20 mph over the speed limit ::

This is the hinge.
Driver can be held ^personally^ responsible.
Since he was employed by WalMart at the time, there is some culpability (AKA: “deep pockets”).

Just out of curiosity, what was the velocity of the limo? (Was everyone “keeping up” with traffic?)


6 posted on 07/12/2014 9:03:12 AM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
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To: Antihero101607

Walmart has deep pockets. Deeper than the insurance company, which is probably a Walmart subsidiary anyway. That is why they are being sued.

If Walmart owns the truck and employs the driver they can be held liable for the drivers actions. What remains to be seen is what, if any, responsibility rests with the bus driver.


7 posted on 07/12/2014 9:03:54 AM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: ClearCase_guy

I can assure you that Morgan will claim millions of dollars in lost wages.


8 posted on 07/12/2014 9:06:20 AM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: ClearCase_guy
Maybe they are trying to make the inference that the driver's motivation for driving over the speed limit was that he was running out of time. As part of the lawsuit Morgan's lawyer will want to connect Walmart policies and actions to the actions of the driver.
9 posted on 07/12/2014 9:06:45 AM PDT by USNBandit (sarcasm engaged at all times)
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To: Extremely Extreme Extremist

doesn’t wear seatbelt, blames someone else...


10 posted on 07/12/2014 9:08:10 AM PDT by Reverend Wright (liberal logic: Sarah Palin is not a real woman but "Chelsea" Manning is...)
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To: USNBandit
the driver's motivation for driving over the speed limit was that he was running out of time. As part of the lawsuit Morgan's lawyer will want to connect Walmart policies and actions to the actions of the driver.

Obama's fault! He demanded reduced hours, and other revised truck operation regulations. Sue DOT; they wrote the rules.

11 posted on 07/12/2014 9:19:50 AM PDT by ApplegateRanch (Love me, love my guns!©)
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To: Extremely Extreme Extremist

Almost at his drive time limit? Almost only counts in horseshoes, hand grenades and nuclear weapons. Oh, and maybe bocce ball and shuffleboard.


12 posted on 07/12/2014 9:22:03 AM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: Antihero101607

If you hire a driver and they’re driving on duty and your name is on the truck, you’re responsible for everything including the sppedin. The driver may also be held accountable.

Approaching the limit seems like the attorney threw in the kitchen sink. But speeding, write a check and fire the guy. Let the DA have him if they want.


13 posted on 07/12/2014 9:24:28 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Open Borders, pro-terrorist, Fast and furious, VA, Benghazi)!!!)
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To: Cletus.D.Yokel

That’s my question, too.


14 posted on 07/12/2014 9:24:53 AM PDT by Sacajaweau
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To: Extremely Extreme Extremist
"The defendants' negligence was a substantial contributing factor in causing plaintiffs' injuries," the complaint states.

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.

15 posted on 07/12/2014 9:25:46 AM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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What are the seat belt laws in that state for those limo buses?


16 posted on 07/12/2014 9:27:17 AM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11))
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To: ThunderSleeps

They will look into training. The records of all WM drivers. If this guy had tickets before and on and on.


17 posted on 07/12/2014 9:27:19 AM PDT by morphing libertarian ( On to impeachment and removal (IRS, Open Borders, pro-terrorist, Fast and furious, VA, Benghazi)!!!)
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To: ClearCase_guy
its driver was almost at his drive time limit

Almost doesn't count.
18 posted on 07/12/2014 9:29:21 AM PDT by cripplecreek (Remember the River Raisin.)
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To: ClearCase_guy

“In other words, there is no violation as far as this aspect of the case is concerned. “

Other than 20 mph over.

Years ago truck drivers used to leave a lot of following space. Now many tailgate as bad a Prius drivers.


19 posted on 07/12/2014 9:36:19 AM PDT by rey
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To: Extremely Extreme Extremist

Wal-Mart is loath to make out of court settlements.

He’s got a big fight, and long, on his hands.


20 posted on 07/12/2014 9:44:39 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Cletus.D.Yokel; Sacajaweau

5th & 6th paragraphs:

http://www.cnn.com/2014/06/19/showbiz/tracy-morgan-crash-probe/index.html

They seem to know the exact speed of the truck, but not the limo-van.


21 posted on 07/12/2014 9:44:41 AM PDT by carriage_hill (Some days you're the windshield, and some days you're the bug.)
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To: rey

I think it may have been in a construction zone which would have had a lowered speed limit. When traffic isn’t heavy almost no one obeys the lowered speed limit (which in many cases is unreasonably low). I doubt the driver was going 85 in a 65 zone.


22 posted on 07/12/2014 9:45:48 AM PDT by Abby4116
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To: Extremely Extreme Extremist

I would venture that the GPS data for the truck will by the smoking gun here. A company as massive as Wal Mart with the logistics infrastructure most certainly has GPS tracking and planning.


23 posted on 07/12/2014 9:47:59 AM PDT by Organic Panic
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To: carriage_hill
Not only that...The Walmart driver was entering a construction zone. He'd probably driven the route many times before.

No one knows boo about the Morgan car. Funny how that works.

Any drugs in the Morgan car?Any drugs in the drivers rig?

24 posted on 07/12/2014 9:52:54 AM PDT by Sacajaweau
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To: Extremely Extreme Extremist
Hey man, he's BRIAN FELLOWS!

"That parrot can talk, he's making fun of me, that get me mad! I don't like him!"

"That's CRAZY!"


25 posted on 07/12/2014 9:57:16 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: Cletus.D.Yokel

http://www.northcentralohio.com/national-news/single.asp?story=60116


26 posted on 07/12/2014 9:59:03 AM PDT by Sacajaweau
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To: Cletus.D.Yokel

It looks like the limo driver slammed on his brakes.


27 posted on 07/12/2014 10:00:14 AM PDT by Sacajaweau
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To: Sacajaweau
According to a preliminary report issued by the National Transportation Safety Board, Kevin Roper was going 65 miles per hour at the time of the crash -- 20 miles per hour over the speed limit.

"About 0.4 mile south of the crash location, speed limit signs were posted that reduced the speed from 55 mph to 45 mph," the report said. "A preliminary review of the data showed that the Peterbilt combination vehicle was traveling at 65 mph for the 60 seconds preceding the collision with the Mercedes-Benz limo van. NTSB investigators are correlating these data with the physical evidence."

The report also said Roper was operating within regulation maximum consecutive driving hours, though the board is comparing his log with other documentation to determine its accuracy. Regulations limit truckers to driving a maximum of 14 hours at once.

Roper had only logged 9 hours and 37 minutes of driving time when the crash occurred.

http://abcnews.go.com/Entertainment/authorities-trucker-tracy-morgan-crash-speeding-time-crash/story?id=24212059

28 posted on 07/12/2014 10:00:39 AM PDT by Abby4116
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To: Abby4116

http://www.northcentralohio.com/national-news/single.asp?story=60116


29 posted on 07/12/2014 10:03:06 AM PDT by Sacajaweau
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To: carriage_hill

I’d bet the limo has one of those little black boxes that record everything the car does in driving mode. Maybe a Walmart lawyer should subpoena it.


30 posted on 07/12/2014 10:04:24 AM PDT by 3catsanadog (I love my country; I don't like its government)
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To: Sacajaweau

Those ‘construction zones’ are often problematic. Sometimes they’re just repairing guardrails for a week or so, and sometimes it’s a long-term bridge-build which takes years. The article doesn’t really specify.

Here’s in PA, we only have 2 distinct seasons: winter and construction. Heh.

If the gov’t-media has its way, we’ll probably never know about drugs in Morgan’s van, but the truck driver’s last fart will become evidence and headline news. (Sorry)


31 posted on 07/12/2014 10:30:47 AM PDT by carriage_hill (Some days you're the windshield, and some days you're the bug.)
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To: 3catsanadog

Makes sense to do that. If they don’t, it’ll be suspicious that WM just wants to write a check and get away from the suit’s aftereffects.


32 posted on 07/12/2014 10:35:31 AM PDT by carriage_hill (Some days you're the windshield, and some days you're the bug.)
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To: carriage_hill

Well, y’all don’t get me wrong. I think Tracy has some talent and at times can be funny.

I think it is tragic that he had to suffer through physical pain as a result of this accident. If he can find some legal recompense for his suffering, well, that is what a “nation of laws” is all about.

I’m just interested in the facts of the accident that makes someone of Tracy’s “means” look to WalMart for satisfaction.

Yes, Tracy can afford the medical costs and yes, he won’t need to file bankruptcy because of this. It is just a “
tort-of-interest” to me.

As much as the Dhimmicrats would like, TracyM will not end up “owning” WalMart over this.


33 posted on 07/12/2014 10:40:24 AM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
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To: Cletus.D.Yokel

Until this happened, I didn’t know who he was. Haven’t watched SNL since late-80s.


34 posted on 07/12/2014 10:58:40 AM PDT by carriage_hill (Some days you're the windshield, and some days you're the bug.)
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To: Extremely Extreme Extremist

Wow, are some freepers just clueless, or do they love Walmart that much. This is standard, an agent of Walmart (the trucker) rear ended a limo while speeding, causing the death of one person, and serious injuries to at least one other. Walmart is responsible for what the trucker did, any company would be responsible for what their agent did. They will just be arguing damages, if they even bother to take it to court.


35 posted on 07/12/2014 12:09:43 PM PDT by sharkhawk (Mr Gorbachev, tear down this wall.)
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To: ClearCase_guy

its driver was almost at his drive time limit

In other words, there is no violation as far as this aspect of the case is concerned.


Funny, when it first happened, they reported the driver as we’ll over his limit and half asleep.

But now reporting: was for sure going 20 miles over the speed limit
( and we all know how easy that is to do in heavy NJ turnpike traffic / SARC )


36 posted on 07/12/2014 1:39:47 PM PDT by DanielRedfoot (Creepy Ass Cracker)
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To: Cletus.D.Yokel

What I am wondering is how it went from him being on his death bed, to have broken ribs et al. Hardly death bed criteria.


37 posted on 07/12/2014 4:33:45 PM PDT by AllAmericanGirl44
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To: ThunderSleeps

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.


38 posted on 07/12/2014 10:45:46 PM PDT by wanderin
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