Tracy Morgan has sued Wal-Mart over last month’s car crash that seriously injured him and killed a fellow comedian.
The lawsuit, filed in US District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its trucks rammed into Morgan’s limousine van.
The complaint claims the retail giant should have known the driver had been awake for over 24 hours, and that his commute of 700 miles (1,125 km) from his home in Georgia to work in Delaware was “unreasonable.” It also alleges the driver fell asleep at the wheel.
“As a result of Wal-Mart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” according to the complaint.
The June 7 crash killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey and Krista Millea, who were passengers in the limo, are also named as plaintiffs.
Morgan, the former Saturday Night Live and 30 Rock star, suffered a broken leg and broken ribs in the crash and is in a rehabilitation centre. Fuqua is recovering from crash-related injuries.
Truck driver Kevin Roper, 35, has pleaded not guilty to death by vehicle and assault by vehicle charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.
Roper had been working for about 13 and a half hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.
Morgan’s lawsuit seeks a jury trial and punitive and compensatory damages.
A message seeking comment from Wal-Mart was not immediately returned.