Interesting conversation with Dr. today - Page 2

Family of Comedian Killed in Tracy Morgan Crash Settles with Walmart

Posted by Eric T. Chaffin
March 11, 2015 9:38 AM


It was last June that Saturday Night Live comedian Tracy Morgan was critically injured in a crash between his limo van and a tractor-trailer. Two other passengers were critically injured as well, and comedian James McNair, known as “Jimmy Mack,” was killed.

In July 2014, Morgan filed a personal injury lawsuit against Walmart, since the tractor-trailer driver was working for the company at the time of the crash. McNair’s family also filed a wrongful death lawsuit against Walmart, and according to USA Today, they have recently reached a settlement with the company.

Family Settles with Walmart Over Deadly Crash

McNair, who was only 62 years old at the time of his death, left behind two children, Danita (19) and Jamel (26). The family claimed the tractor-trailer slammed into the limo van, and that the driver, Kevin Roper, was driving while overly fatigued.

Roper faces criminal charges for his part in the crash, including death by auto and assault by auto. He has pled not guilty to those charges, but the National Transportation Safety Board concluded after their preliminary investigation that he was speeding at the time of the crash, going 65 miles per hour in a 45 mile per hour construction zone. Morgan’s limo bus was at a dead stop when it was hit from behind. Roper’s case is still pending.

Lawsuits have named Walmart as a defendant because Roper had been on the road for more than 24 hours prior to the crash. Walmart should have known, the plaintiffs claimed, that after commuting 750 miles and then working for 14 hours on his Walmart shift, Roper would go over the federal limit of 11 hours of driving and 14 hours of daily on-duty time.

Both parties in McNair’s case agreed to an out-of-court settlement, the details of which were not revealed. According to the family’s attorney, they were pleased with the outcome. Walmart did not admit to any wrongdoing related to the crash, but stated they are working toward settlements with the others who were injured.

Walmart’s Apparent Response

Back in September 2014, Walmart seemed to blame Morgan for his injuries, stating that he and the other passengers were responsible “in whole or in part” because they weren’t wearing seat belts. A Walmart spokesman later stated that the comment was part of a mandatory legal response to Morgan’s personal injury lawsuit.

Morgan suffered a traumatic brain injury in the accident, and was still in a wheelchair three months later. News reports indicated that he was undergoing therapy for his injuries, and that he may never be quite the same.

A few months ago, Roper had filed a motion to delay Morgan’s lawsuit until his own criminal charges were resolved. His attorney stated that the outcome of Morgan’s lawsuit could negatively affect Roper’s case, even though Morgan has not named Roper as a defendant.

U.S. District Judge Michael Schipp recently ruled that Morgan’s case would go forward as scheduled.

Like PJ i'm seeing the effect of regulation at the local level.

It's putting me in a bind. I've got a couple of places that i caretake that are at the top of a steep driveway.It's become a real problem because the fuel delivery drivers will not put their trucks in there unless conditions are almost perfect. This was never a problem in years past but it looks like the personal liability thing has them spooked.

One of the places was almost out and the only thing i could do was go to the place of business and call the driver down in front of his boss. It got the problem resolved but it's a shame to have to back a guy into a corner like that to get him to do his job.

My customers are getting pissed off at me because the costs to prep the site for a delivery ( plowing, sanding, & shoveling) ran so high this winter. It's putting a real strain on their budget. They have to yell at somebody.

I'm in fairly tight with the owner of one of the local oil companies. There's a sign on the door advertising an opening for a class B truck driver with a hazmat endorsement to deliver home heating fuel. It's been posted for two months now and nobody has applied for the job. Every time i see him now there's an unspoken question between us. I've got to take him aside sometime and let him know that the reason i didn't apply was because i retired from commercial driving last year.

It's a sad situation. Excessive government regulation probably has a lot to do with it. You know .... you set up a system of law. Over time it grows and becomes more complicated. Eventually it becomes so complex that the whole thing just stops working and it collapses under it's own weight.

Sorry .... long post. Didn't mean to jack your thread PJ.