Tracy Morgan -- Sues Walmart Over Crash ... You Overwork Your Drivers

Discussion in 'Truckers News' started by GA_Rookie, Jul 12, 2014.

  1. GA_Rookie

    GA_Rookie Medium Load Member

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    http://www.tmz.com/2014/07/12/tracy-morgan-crash-lawsuit-walmart-truck-driver/

    Tracy Morgan was severely injured because Walmart allowed one of its drivers to become so exhausted behind the wheel an accident was destined to happen ... so claims Morgan in a new lawsuit.

    Morgan filed suit in New Jersey alleging the company should never have allowed truck driver Kevin Roper to drive for nearly 10 hours straight after being awake for more than 24 hours.

    The suit -- reported in the NY Post -- claims Tracy sustained, "severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

    According to the lawsuit ... Roper had driven 700 miles from his home to the Walmart distribution center before beginning his fatal drive. One person died when Roper was tooling along in his tractor-trailer at 65 in a 45 MPH zone and slammed into the SUV.

    Roper pled not guilty to charges of death by auto. Morgan was released from the hospital last month, but he's still at a physical rehabilitation center.

    Tracy -- and 3 other plaintiffs -- are seeking unspecified damages.

    Walmart tells us, "As we’ve said, we’re cooperating fully in the ongoing 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."
     
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  3. joseph1135

    joseph1135 Papa Murphy

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    It was destined to happen. With that driver. 65 in a 45 construction zone is never good or safe. Most of the WM drivers don't look like they are beaten down, I have a hard time believing they are overworked. I don't like Walmart, but i call it like I see it.
     
  4. w.h.o

    w.h.o Road Train Member

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    I dont think walmart should get the full blame, because if Tracy win, the hos might get more stricter and that's more money we losing. Blame the driver/hos rules and if walmart actually "made" the driver drive then walmart.
     
  5. CondoCruiser

    CondoCruiser The Legend

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    At this point it shifts to $$$$. Walmart is the one with the money. They won't get much off the driver. He can file bankruptcy after the fact.
     
  6. skibum_63

    skibum_63 Road Train Member

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    no surprised here.
    Any of us would do the same if it was us involved
     
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  7. bergy

    bergy Road Train Member

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    I agree the driver should be taking taking the heat, but that isn't how it works. I'm sure the driver is listed in the claim, but the plaintiffs aren't interested in the driver's piggy bank - they want millions from Wally. They will spend their time trying to show how negligent the driver was, and then try and show that Walmart's policies were responsible, or at least that they knew what was going on - or should have known what was going on. They need to prove negligence to get the big payday.

    That said - Walmart would be crazy to not settle this before it gets any more attention. They are probably trying to settle but Tracy and crew are holding out. If the driver gets convicted criminally that will make the civil suit that much stronger.
     
  8. ‘Olhand

    ‘Olhand Cantankerous Crusty

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    oh he WILL get a bunch of Cash......but will NEVER hear about it.......This will NEVER get to court......no way Mal Warts press machine allows it......theyll play awhile then theyll settle with a STRICT gag order in place....
     
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  9. bergy

    bergy Road Train Member

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    olhand, i concur. Tracy's crew are not stupid. They will let pressure build until Walmart is ready to write a check with many zeros. By the time the criminal case is done, walmart will do anything to get civil case settled so it doesn't continue in the news. I also agree, the Gag order will be Wally's biggest condition of settlement.
     
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  10. eeb

    eeb Heavy Load Member

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    If you're gonna sue in order to raise awareness and prevent it from happening again, you shouldn't even consider any settlement offer with a gag order in it. IMO.
     
  11. Aireal

    Aireal Medium Load Member

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    I think if they win that law suit, it will set a very bad precedent. In effect the law could then be defined as saying that a company is responsible for what you do on your time off... thus they ( the company) will want to be able to have a say in what you are doing on your time off.

    My opinion and I know my husbands as he has said it... if I was to tired ( aka had not slept for some reason) I would call my boss and tell him I could not work, no pay check is worth my life OR the life of another person.

    I can see Wal-mart starting a new regulation that says you must live so close to a yard, terminal or store ( that allows over-nite parking) before they will hire.
     
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