According to papers filed in the U.S. District Court in New Jersey, Walmart claims that Tracy Morgan and others failed to properly protect themselves in the June accident that left Morgan in critical condition and also killed comedian Jimmy Mack.
The filing, filed on Monday by Walmart Stores and Walmart Transportation, suggests that Morgan’s injuries and the injuries of others were caused “by [the] plaintiffs’ failure to properly wear an available seatbelt restraint device.” The claim continues on to state that damage to Morgan and others could have been minimized had such safety precautions been in use.
Additionally, Walmart’s response against the original suit, which was filed by Morgan and fellow passengers Ardley Fuqua Jr., Jeffrey Millea, and Krista Millea, asks that the plantiffs produce a written statement specifying the amounts alleged by the original suit, as well as requesting a trial by jury.
Truck driver Kevin Roper was previously charged with one count of death by auto and four counts of assault by auto. In these new papers, Walmart does not confirm or deny the allegations against Roper. Instead, the company promises to update their stance after any findings that result from the investigation currently underway by the National Transportation Safety Board.