In June, Tracy Morgan was badly injured during a six-car accident caused by Wal-Mart truck driver Kevin Roper, and the comedian is suing the company for allowing its drivers behind the wheel while they are so exhausted.
In July, Morgan filed a lawsuit in New Jersey, alleging that the company should never have allowed Roper to drive for nearly 10 hours straight after being awake for more than 24 hours.
According to the lawsuit, Roper had driven 700 miles from his home in Jonesboro, Georgia, to a Wal-Mart facility in Smyrna, Delaware, before beginning his shift.
“Wal-Mart knew or should have known” that Roper had been “awake for more than 24 consecutive hours” ahead of the crash, says Tracy’s suit.
However, Wal-Mart disagrees with this claim and has fired back. On Monday, Sept. 29, the company issued a response to the lawsuit, stating that the 30 Rock star should have been wearing his seat belt during the time of the incident.
According to The Hollywood Reporter, Wal-Mart claims that the injuries sustained by plaintiffs “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device.”
The site also reports that Wal-Mart would not go into more detail about the case because they are “unable to admit or deny” any information as this is an ongoing investigation.
However, Wal-Mart’s answer added that “by failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests.”