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BeefThief
Aug 8, 2007

CNN posted:

Walmart has responded to a lawsuit filed by Tracy Morgan over a deadly car crash that left the comedian in critical condition. The big box store blamed the injuries suffered by Morgan on his failure to wear a seat belt.

Walmart filed a 28-page response to a complaint by lawyers acting for Morgan and three others. Police said a truck driven by Walmart employee Kevin Roper collided with the rear of the vehicle in which Morgan was riding.

Roper pleaded not guilty in June to criminal charges that include vehicular homicide and assault by auto.

Morgan's lawsuit said Walmart was careless and negligent in the operation of the vehicle. It said the company should have known Roper had been awake for more than 24 hours at the time of the accident, and cited Walmart for not complying with Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue.

The Walmart truck that rear-ended Morgan's vehicle was traveling 20 mph over the speed limit, according to a preliminary report by the National Transportation Safety Board.

The "30 Rock" and former "Saturday Night Live" star was seriously injured in June after the truck slammed into a limo bus occupied by Morgan and four others on the New Jersey Turnpike. The crash killed the star's longtime friend, comedian James McNair, and injured the other passengers. Morgan was hospitalized with broken ribs, a broken nose and a broken leg.

In its response, Walmart said the injuries were "caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seat belt restraint device." The company said by not using seat belts, the plaintiffs "acted unreasonably and in disregard of plaintiffs' own best interests."

Walmart did not directly address the claims regarding Roper because of the ongoing National Transportation Safety Board investigation.

Walmart said Morgan's and the other plaintiffs' damages were not caused by the company or any of its affiliated employees. Instead, the chain noted the possibility that injuries "may have been caused by third parties over whom Walmart had no control."

The next step for Morgan's side is to file a written statement specifying the amount of damages alleged in the initial complaint. Walmart is asking for a trial by jury.

Representatives for Morgan did not immediately respond to a request for comment.

tl;dr: Walmart claims it's Tracy Morgan's fault their driver killed his friend and almost killed him because they weren't wearing their seatbelts on the party bus. Nevermind the fact that their driver had been up for more than 24 hours and was going 20mph over the speed limit.

Nope.

No liability here.

walmart posted:

tracy morgan: it's your fault. gently caress you and your dead friend.

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Tsinava
Nov 15, 2009

by Ralp
Tracy is a girl's name.

Chinatown
Sep 11, 2001

by Fluffdaddy
Fun Shoe
YEAH I READ GAWKER TOO THANKS FOR DA REPOST

DEAD MAN'S SHOE
Nov 23, 2003

We will become evil and the stars will come alive
wow rude

VanSandman
Feb 16, 2011
SWAP.AVI EXCHANGER
lol i cant decide which side i hate more (its walmart i hate walmart more)

big duck equals goose
Nov 7, 2006

by XyloJW
Good, gently caress Tracey Morgan and gently caress this thread. I hope Tracy gets zero on his claim then gets hosed by a pack of wild dogs, lol

TOILETLORD
Nov 13, 2012

by XyloJW
the both broke the law i'm assuming he broke seat belt laws. If you don;t wear a seat belt and get hurt worse because of it, it's your own fault and every court will agree'

Tsinava
Nov 15, 2009

by Ralp
i hope the jury is all gay people.

Donovan Trip
Jan 6, 2007
That's how lawsuits work. Complaint, counter complaint, rinse repeat and settlement. Thanks for the exciting non news story

Vincent Van Goatse
Nov 8, 2006

Enjoy every sandwich.

Smellrose

Chinatown posted:

YEAH I READ GAWKER TOO THANKS FOR DA REPOST

poverty goat
Feb 15, 2004



they do kind of have a point

shiksa
Nov 9, 2009

i went to one of these wrestling shows and it was... honestly? frickin boring. i wanna see ricky! i want to see his gold chains and respect for the ftw lifestyle

gggiiimmmppp posted:

they do kind of have a point

if you get hit by a semi i think you're probably going to get hurt pretty bad, seatbelt or not.

Tsinava
Nov 15, 2009

by Ralp

shiksa posted:

if you get hit by a semi i think you're probably going to get hurt pretty bad, seatbelt or not.

i think their point was that the truck and the guy driving it weren't technically part of walmart corp. so they're technically not liable.

Tsinava
Nov 15, 2009

by Ralp
the retail sector has gotten very good at exporting risk factors in the past decade. lobbying and such.

gary oldmans diary
Sep 26, 2005
whats the street cred index on walmart tryin to take you out

shiksa
Nov 9, 2009

i went to one of these wrestling shows and it was... honestly? frickin boring. i wanna see ricky! i want to see his gold chains and respect for the ftw lifestyle

Tsinava posted:

i think their point was that the truck and the guy driving it weren't technically part of walmart corp. so they're technically not liable.

the truck driver literally worked for wal mart.

theyre trying to wash their hands of it because he wasn't wearing a seatbelt in the limo

which defeats the purpose of a limo i think.

Donovan Trip
Jan 6, 2007
I wish he died

Orkin Mang
Nov 1, 2007

by FactsAreUseless
a bus limo too, who wears a seatbelt in a bus. probably like no one, i dont.

Cnut the Great
Mar 30, 2014

echronorian posted:

That's how lawsuits work. Complaint, counter complaint, rinse repeat and settlement. Thanks for the exciting non news story

Fuck Your Website
Nov 29, 2003
FUCK YOU, AND FUCK YOUR WEBSITE
Gee the world is so cynical, why can't everyone be nice

gently caress off back to college, hippy

burritolingus
Nov 6, 2007

by Ralp
I agree with Walmart's logic although it really depends on what medical examiners say.

Tsinava
Nov 15, 2009

by Ralp

shiksa posted:

the truck driver literally worked for wal mart.

theyre trying to wash their hands of it because he wasn't wearing a seatbelt in the limo

which defeats the purpose of a limo i think.

oh you're right, i actually misread this:

quote:

injuries "may have been caused by third parties over whom Walmart had no control."


lmao walmart is actually blaming other people in the limo for tracy morgans injuries. i hope they win.

poverty goat
Feb 15, 2004



being in a limo shouldnt shift more liability for your inevitable injury to the other driver since you're making a choice to travel in a vehicle without basic safety features that have to be in every other street legal vehicle for decades

Frostwerks
Sep 24, 2007

by Lowtax

Tsinava posted:

i think their point was that the truck and the guy driving it weren't technically part of walmart corp. so they're technically not liable.

the bp defense

Donovan Trip
Jan 6, 2007
Is it difficult as a hardline Democrat to reconcile Tracy Morgan being anti gay, yet also being in a lawsuit against their arch nemesis Walmart? The answer may surprise you.

burritolingus
Nov 6, 2007

by Ralp

gggiiimmmppp posted:

being in a limo shouldnt shift more liability for your inevitable injury to the other driver since you're making a choice to travel in a vehicle without basic safety features that have to be in every other street legal vehicle for decades

Limos have seat belts in the back.

Vince MechMahon
Jan 1, 2008



I disagree with Wal-Mart on the specifics of this case, but completely agree with the sentiment of telling Tracy Morgan to go gently caress himself.

Jeffrey of YOSPOS
Dec 22, 2005

GET LOSE, YOU CAN'T COMPARE WITH MY POWERS
it's walmart's duty to its shareholders to keep costs down it would be unethical for them to just roll over

Cnut the Great
Mar 30, 2014
thsi would never have happened if corporations aren't people. goddamn loving mitt romeny. i don't want to live on this planet anymore ugh

Cnut the Great
Mar 30, 2014
walmart

TOILETLORD
Nov 13, 2012

by XyloJW
he should go buy a AR-15 at walmart and say threatening things.

shiksa
Nov 9, 2009

i went to one of these wrestling shows and it was... honestly? frickin boring. i wanna see ricky! i want to see his gold chains and respect for the ftw lifestyle

echronorian posted:

Is it difficult as a hardline Democrat to reconcile Tracy Morgan being anti gay, yet also being in a lawsuit against their arch nemesis Walmart? The answer may surprise you.

i like 30 rock and also im not a complete baby who can't separate entertainers from politics

Tsinava
Nov 15, 2009

by Ralp
i think this is one of those "whoever loses, we win" scenarios.


i don't know. i'm thinking if walmart did win this case it would turn into an even bigger shitstorm, because i know stuff like this happens on the reg and walmart normally wins, but now a celebrity is involved.


hmmm

OXBALLS DOT COM
Sep 11, 2005

by FactsAreUseless
Young Orc

Chinatown posted:

YEAH I READ GAWKER TOO THANKS FOR DA REPOST

normally id agrree but anythign that keeps people from actually reading gawker is a-ok and a good thing by me

poverty goat
Feb 15, 2004



corporations are better than people really because you don't have to have a loving kid to litigate them into paying your living expenses

Donovan Trip
Jan 6, 2007

shiksa posted:

i like 30 rock and also im not a complete baby who can't separate entertainers from politics

Ok. Whew. That's actually relieving.

quakster
Jul 21, 2007

by FactsAreUseless
if you gathered all the lawyers in a big ol pile and set it on fire youd solve a lot of problems

OXBALLS DOT COM
Sep 11, 2005

by FactsAreUseless
Young Orc

quakster posted:

if you gathered all the lawyers in a big ol pile and set it on fire youd solve a lot of problems

youd be better off killign all the waltons

Donovan Trip
Jan 6, 2007
Kill everyone and then sue

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Stick Figure Mafia
Dec 11, 2004

hey....




brian fellows was funny

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