Famous actor and comedian, Tracy Morgan, has filed a lawsuit in Federal Court in New Jersey regarding the deadly truck accident that killed another passenger in Mr. Morgan’s limousine and seriously injured two others. The limousine was travelling to New York from a show in Delaware when they slowed down for construction on Interstate 95 near Cranbury Township, N.J., and were hit by the truck just before 1 a.m. The vehicle collision forced the limousine into six other vehicles.
The lawsuit alleges negligent and reckless behavior by Wal-Mart and their employee and the complaint specifically states, ““Wal-Mart knew or should have known that it was unreasonable for Mr. Roper to commute more than 700 miles from his home in Jonesboro, Georgia to work at a Wal-Mart facility in Smyrna, Delaware, especially immediately before he was to commence a long shift operating a truck that weighed approximately 30–40 tons.” The lawsuit also alleges that the truck driver fell asleep at the wheel at the time of the accident.
If it is determined that Wal-Mart and it’s employee were negligent and caused this accident, they will be responsible for Mr. Morgan’s and the other injured passengers’ medical bills, lost wages, pain and suffering and loss of enjoyment of life. Something that is unclear at this point is whether the Mr. Morgan’s attorneys will be seeking punitive damages against the defendants. Punitive damages are awarded above the normal economic (bills and lost wages) and non-economic damages (pain and suffering) as a form of punishment of willful and wanton behavior by a defendant. For example, Mr. Morgan can allege that Wal-Mart consciously disregarded the safety of others by allowing their driver to continue to drive without sleep even though they knew this created an extreme danger to fellow motorists and violated state and federal trucking statutes. This will be an interesting case to follow as it involves a famous plaintiff and defendant but unfortunately truck accidents happen like this to everyday people around the country.
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