Walmart is claiming that Tracy Morgan is partly responsible for the injuries he suffered in an accident this June because he wasn’t wearing his seat belt.
Morgan said in a statement, “After I heard what Walmart said in court I felt I had to speak out. I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”
Walmart filed a response to Morgan lawsuit on Monday. The company feel that the injuries suffered by Morgan and other vehicle occupants “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.”
Morgan and several other people injured in the accident sued Walmart in July. The complaint reads, “Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”
The suit alleges driver Roper fell asleep at the wheel immediately before the crash as a result of his fatigue. Roper has pleaded not guilty to death by auto and assault by auto charges.
The accident left Morgan’s friend, comedian James McNair, dead and Morgan in critical condition.
Walmart disputed Morgan and Co.’s claim that it was responsible for the accident and said that plaintiffs are barred from recovering damages because they failed to mitigate their losses.
Morgan is now at home after a stay in a rehab facility is still having a rough time.
New Jersey has not ban the so-called “seat belt defense,