Walmart says Tracy Morgan is at fault for the devastating injuries he suffered in ahorrific crash earlier this year because he allegedly wasn’t wearing a seatbelt.
As Extreme Entertainment reported in June, Morgan’s tour bus was hit by a Walmart truck, killing his fellow passenger, comedian James McNair, and causing serious injuries to others in the vehicle.
Morgan was hospitalized with numerous broken bones, and as recently as August, his lawyer indicated he was still “struggling.”
The “30 Rock” star sued Walmart for negligence in July, after it was revealed its driver may not have slept for more than 24 hours prior to the collision.
But in a response filed in New Jersey federal court on Monday, the retailer says the injuries of Morgan and his passengers “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.”
“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,” says the company, according to documents obtained by The Hollywood Reporter.
In its filing, Walmart declines to confirm or deny other allegations, citing confidentiality issues as the National Transportation Safety Board investigation continues.
Walmart previously released a statement saying it was “committed to doing the right thing for all involved.”
The driver, Kevin Roper, was charged with one count of death by auto and four counts of assault by auto days after the incident.
That criminal case is still pending.
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