Comedian Tracy Morgan has filed a lawsuit against Wal-Mart over last month's highway accident that left one person dead and several people hospitalized.
The 45-year-old "30 Rock" actor filed a suit on Thursday in a U.S. District Court in New Jersey, with claims that "Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle," according to the Associated Press.
"As a result of Walmart's gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," the complaint stated.
In June, a Wal-Mart truck rear-ended Morgan's limo on a New Jersey Turnpike killing Morgan's friend comedian James McNair and injuring several others inside. Morgan suffered broken ribs, a broken nose and a broken leg and several broken ribs.
According to court document, "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 stated that driver Kevin Roper had been awake "for more than 24 consecutive hours" ahead of the accident, which reportedly violated Federal Motor Carrier Safety Administration regulations. Roper was said to be driving 65 mph in a 45 mph zone before he slammed into the limo.
Roper was responsible for commuting 700 miles from his Georgia home to the distribution center in Delaware. It claimed that Roper was fatigue and fell asleep behind the wheel moments before the crash. He pleaded not guilty to death by auto and assault by auto charges.
"Additionally, there were many Wal-Mart distribution facilities closer to Mr. Roper's home - including nine in Georgia alone - which would have significantly reduced Mr. Ropers commute to work," the suit said. "Wal-Mart not only failed to condemn, but condoned this practice of its drivers routinely violating the F.M.S.C.A. Regulations."
Plaintiffs include Jeffrey Millea, comedian Ardie Fuqua, and Krista Millea, the wife of late comedian James McNair. The plaintiffs are suing for negligence and Millea is suing for "loss of consortium."
"This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries," Wal-Mart said in a statement, according to The Hollywood Reporter. "Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair who lost his life. We are deeply sorry that one of our trucks was involved. As we've said, we're cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved."
