Wal-Mart’s dedicated fleet has settled with the family of the late comedian James McNair who was killed in the accident in June that also injured actor/comedian Tracy Morgan.
While The McNair family never filed a lawsuit against Wal-Mart, the family’s attorney, Daryl Zaslow, claimed that the settlement comes after months of “often contentious but always respectful negotiations.” Though the dollar amount remains confidential, Zaslow was quoted as saying that Wal-Mart “more than stepped up to the plate and took care of this family.”
McNair was killed in an accident that occurred when a driver for Wal-Mart apparently fell asleep at the wheel after being awake for at least 24 hours. The accident garnered national media attention because Tracy Morgan was also in the vehicle and was severely injured.
Morgan and three others have filed a lawsuit against Wal-Mart which is unaffected by this settlement. Additionally the Wal-Mart driver has been charged with and pled not guilty to charges of vehicular homicide and assault by auto.
Wal-Mart’s response to the incident has been ridiculed by some, especially after their lawyers took the position that Wal-Mart should not be held responsible for the accident since the injured passengers were not wearing their seatbelts.
Concerning the McNair settlement, a Wal-Mart spokesperson made the following statement:
“We know there is nothing we can do to change what happened to Mr. McNair, but Wal-Mart and his family have worked closely together to reach an agreement. Wal-Mart continues to work to conclude all of the remaining issues as a result of the accident, and we’re committed to doing what’s right.”
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Donna says
Wal Mart settled because they knew if it went to court they would get it handed to them on a platter. Plus it would keep it out of the news and DOT off there butts. It would probably benefit them greater to settle with the others that were injured .
NDALLAS40 says
Walmart still has a long way to go on this case, but obviously they can afford to be very litigious. Also, not a sole at Walmart loses any sleep over reputation problems or families pain and suffering. It’s the day and age we live in. Look at General Motors covering up a major recall issue for 10 or more years while people were dieing as a result. They weigh the costs, long-term and short-term, and whichever course of action looks financially best, it’s a done deal. As ALWAYS, it’s just about the dough-re-me!
Stephen says
Of course that is why they settled. But note: the family didn’t have to file suit to bring Walmart to a settlement that “more than stepped up to the plate and took care of this family.”
Give them credit where credit is due.
Tim says
The driver was legal under the HOS laws as they exist today however he had been without sleep for an extended period of time before reporting for duty.
How is WalMart or any other employer supposed to maker sure that their employees go to bed on their off time?
I’m not discounting what happened in any way but in my opinion the blame lies solely on the driver because he made the choice to drive while impaired by fatigue but everyone one is after WalMart because they have the deepest pockets not because they’re actually to blame.
I’ve spent 35 years on the road and have always found the WalMart guys to be among the most professional and courteous drivers out there and it’s too bad one idiot is making them/all drivers look bad.
no bueno says
Wal~mart has made a new policy that any driver that lives 250 miles plus away from their domicile, must come down the day before they report for work. They have the option to either sleep in their assigned truck if available or an open truck. Also they have the option to get a hotel room that the company will pay for. The driver that was involved could have stopped and called to tell them he needed to sleep. All he had to do was push his time of dispatch out.
Bilbo Baggins says
It must have been difficult for both sides to come to an agreement. On one side you have a man, dead, leaving behind a possible wife and kids who depend on him emotionally and financially. And on the other side you have a company that might want to do the right thing without setting a standard for the other injured parties to try to top. A tragedy all around. Go Diamondbacks.
KM says
Walmart never allows drivers to pick up and deliver loads without a 10 hour break. I hauled several loads for them and whenever I delivered a load to them, and was dispatched to pick up a load right after delivery, they would hold the load for 10 hours before giving me the load, even if the load was ready, I sat for 10 hours. I figured out they intentionally done this when I found my loaded trailer on their yard. They said they weren’t finished loading it. Funny thing is the seal on that trailet was never broken and replaced with a new one when I came back 10 hours later. I respect Walmart for giving me a 10 hour break, whether I wanted one or not. This being said, I can confidently say Walmart didn’t force that driver to run 24 hours without a bteak. The driver probably stayed up partying with his friends instead of being in bed before he had picked up the load. Walmart isn’t the problem here. The driver is responsible for his actiions. I believe he’s one of those spoiled cry babies who intentionally did this to make Walmart pay for making his panzy as earn a decent living, after all, his work schedule ruined his plans. This driver just wanted Walmart to pay. I hope the law throws the book at him. Walmart, hears some advice. Screen your new hires very well. This new generation is turning out people with no regard for lives or property. If they act like they want to spend more time doing everything but their job, get rid of then, if they get into a lot of trouble, make problems, get rid of them. There are good people out there who want to make a good living out there, who appreciate having a good job, and most important, who are mature enough to know how to manage their time for their work schedule. Don’t keep the ones who constantly conplain, they will bring you misery and grief.