Walmart blames Tracy Morgan’s injuries on Tracy Morgan.
In a weird string of events, Walmart’s massive legal team says Tracy Morgan is to blame for the devastating injuries when one of their trucks hit his car June because he wasn’t wearing a seatbelt.
Walmart responded to a lawsuit that was previously filed by Tracy Morgan in July of 2014. Morgan’s legal team alleged the company was responsible for the accident because of its driver, Kevin Roper who had not slept in 24 but was driving that tragic night.
Walmart did not deny the claims citing a National Transportation Safety Board law:
“By failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” states Walmart’s answer.
Walmart also looks to defend itself by disputing a basis for the negligence claim; disputing that actions were proximately caused by the company and its agents; disputing that Walmart had any control over third parties who may have caused damages; and disputing that it owed any duty to the plaintiffs.
The defendant also asserts that plaintiffs are barred from recovering damages because they failed to mitigate their losses. Further, Walmart says its due process rights will be violated because the company “did not engage in any wanton or willful conduct that would warrant an award of punitive damages.” [source]
According to Gawker, legal analysts typical use this argument to reduce the amount of damages the plantiffs can receive.
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