Tracy Morgan strikes back at Walmart

New York -- Actor and comedian Tracy Morgan struck back at Walmart after court filings were make public in which the discounter said that he and his fellow passengers were at least partly to blame for the injuries they sustained when their limo bus was struck by a Walmart truck because they were not wearing seat belts. The crash, which occurred in June on the New Jersey Turnpike, left Morgan badly injured and one man dead.



"After I heard what Walmart said in court, I felt I had to speak out," Morgan said in a statement. “I can't believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I'm fighting hard every day to get back."



In court papers, Walmart faulted Morgan and the rest of the injured passengers, stating had the passengers been wearing safety restraints, "all or a portion of the injuries could have been diminished or minimized."



"By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests," Walmart's lawyers write. "Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct using the available seatbelts."



Morgan is suing Walmart for negligence in the crash, in which he suffered a broken leg, nose and several ribs. Another passenger, James "Jimmy Mack" McNair, a friend and mentor to Morgan, was killed in the crash. Comedian Ardie Fuqua and Morgan's assistant, Jeffrey Millea, were among the injured.



Investigators determined the driver, Kevin Roper, 35, had been speeding and had not slept for at least 24 hours. Walmart could reduce or eliminate any damages owed to Morgan if he is found partially or totally responsible for his injuries due to lack of seat belt use.