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Wal-Mart claims that injured passengers did not wear seatbelts

Comedian Tracy Morgan continues to recover from his injuries sustained in a crash reportedly caused by a Wal-Mart supply truck. Morgan and several others were injured when the truck allegedly struck the back of the limousine bus they were riding in. The crash killed one of Morgan’s good friends, fellow comedian, James “Jimmy Mack” McNair.

In a lawsuit filed by Morgan and others injured on the bus, they claim that Wal-Mart was negligent because it knew (or should have known) that the driver of the truck was significantly fatigued, given that he reportedly had gone 24 hours without sleep prior to the crash.

In a response recently filed in federal court, Wal-Mart claimed that Morgan and the rest of his entourage were at fault because they did not wear their seatbelts. The retail giant further claimed that of they had been wearing their seatbelts, the resulting injuries could have been “diminished or minimized.” Additionally, Wal-Mart claimed that the alleged damages may have been caused by a third party over which Wal-Mart had no control; which is likely an indication that it was trying to distance itself from the actions of the driver.

Wal-Mart’s Answer indicates that it intends to claim that the doctrine of comparative negligence may limit (or event prevent) any recovery by Morgan and the others injured. Essentially, if it can be proven that the injured parties were at least 50 percent responsible for their injuries, their claim for damages could be thwarted.

In the meantime, A Wal-Mart spokesperson explained that the company stands willing to work out a settlement.

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