Walmart denies any negligence on their behalf in the June 7th crash that killed comedian James Mcnair, and seriously wounded Tracy Morgan and others. They claim that all major injuries could have been avoided if the plaintiffs were wearing their seat belts.
“Plaintiffs acted unreasonably…” says Wal-Mart’s legal defense.
Wal-Mart driver Kevin Roper rear-ended a Mercedes van carrying Morgan, McNair and others. According to the NTSB, he was within his federal hours-of-service limits. Roper does admit that he was awake for 24 hours before the crash and he had a 700 mile commute from his Georgia home.
Roper faces vehicular homicide and assault by auto in the case and has pleaded not guilty. The initial NTSB report says Roper was driving more than 20 mph over the 45 mph speed limit. He had allegedly rear ended the bus on the New Jersey Turnpike.
We are certainly eager to see where this case goes in the coming weeks.