According to the Associated Press, the comedian filed a lawsuit in U.S. District Court on Thursday, July 10, saying that Wal-Mart should have known the driver had been awake for more than 24 hours. He also believes he had fallen asleep at the wheel.
“As a result of Wal-Mart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” the complaint read.
The crash sent Morgan to the hospital in critical condition, and killed comedian James McNair. Two others were also injured in the crash, and both are named as plaintiffs in the lawsuit.
Morgan was recently released from the hospital, and spoke with reporters after arriving back at his New Jersey home.
“I’m OK, I feel strong,” he said, according to the New York Daily News. “Love you, thank you very much. Appreciate it.”
Morgan is asking for punitive and compensatory damages, and is asking for a jury trial in the case. Wal-Mart replied to the lawsuit by issuing a statement, explaining that the company is “cooperating fully” with the 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,” Wal-Mart said.
The driver of the truck has since been charged with death by auto and assault by auto.