Actor and comedian Tracy Morgan has sued Wal-Mart Stores Inc. in New Jersey federal court, alleging the retailer was negligent in connection with the June crash that left the star comedian critically injured and killed a fellow passenger.
The complaint, filed on Thursday, said Bentonville, Arkansas-based Wal-Mart knew or should have known its truck driver, Kevin Roper, was awake for over 24 hours prior to the crash and was not in compliance with federal regulations designed to combat driver fatigue.
The suit claims Roper commuted more than 700 miles (1,127 km) from his Georgia home to a Wal-Mart distribution facility in Delaware before beginning his work shift.
Roper was charged last month with vehicular homicide and assault-by-auto after prosecutors said he rear-ended the limo bus Morgan and his entourage were riding in during the June 7 crash, near Cranbury, New Jersey.
Roper pleaded not guilty.
Morgan, best known for starring in NBC’s “30 Rock” and “Saturday Night Live”, was riding along the New Jersey Turnpike with several people, including his assistant Jeffrey Millea and comedian Ardley Fuqua Jr who were also injured in the crash and are co-plaintiffs in the suit.
The group was returning from a comedy performance they gave at Dover Downs Hotel & Casino in Delaware. The crash killed comedian James McNair, 62, of Peekskill, New York.
Morgan was transferred to a rehabilitation center last month after spending about two weeks at Robert Wood Johnson University Hospital in New Brunswick, New Jersey, recovering from a broken leg and other injuries. [ID:L2N0P10VH]
Federal investigators said last month that Roper was driving roughly 20 miles per hour (32 km/h) over the speed limit just before the crash.
Morgan and the other plaintiffs are seeking unspecified damages and attorneys’ fees.
Representatives for Wal-Mart did not immediately respond to requests for comment.
Attorney David Glassman, who represents Roper in the criminal case, was also not immediately available.
(Editing by Curtis Skinner and Sophie Hares)