“Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries,” the complaint reads. “As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”
Plaintiffs include Krista Millea, the wife of late comedian James McNair, who died in the accident, as well as Morgan’s assistant, Jeffrey Millea, and comedian Ardie Fuqua. The plaintiffs are suing for negligence, and in addition, Millea is suing for loss of consortium.
They are seeking compensatory and statutory damages, punitive damages, legal fees, as well as pre and post-post judgment interest, among other things at a trial by jury.
The suit alleges that Roper was fatigued when the accident occurred, and that “Wal-Mart knew, or should have known” that he had been “awake for more than 24 consecutive hours” ahead of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga. to a Wal-Mart facility in Smyrna, Del., before beginning his shift.
“Additionally, there were many Wal-Mart distribution facilities closer to Mr. Roper’s home — including nine in Georgia alone — which would have significantly reduced Mr. Ropers commute to work.
It says Wal-Mart either “knew or should have known” that it was “unreasonable” to drive 700 miles before his shift. The suit also alleges Roper fell asleep at the wheel immediately before the crash as a result of his fatigue.
Roper was going 65 mph in a 45-mph zone just before the accident, according to a National Transportation Safety Board report. Roper has plead not guilty to death by auto and assault by auto charges.
Morgan left the hospital on June 20 and was moved to a rehabilitation facility.
Wal-Mart did not immediately respond to request for comment.
Source: Hollywood Reporter