Walmart Faults Tracy Morgan for Not Wearing Seat Belt During Car Accident

[RiffRandell]

On Monday, Walmart delivered its answer in a New Jersey federal court to 30 Rock actor Tracy Morgan's lawsuit arising from a six-car accident on the New Jersey Turnpike. Among nine affirmative defenses, Walmart says that injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."

Morgan was among several people injured who are now suing Walmart for negligence.

In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift.

http://www.hollywoodreporter.com/thr-esq/walmart-faults-tracy-morgan-not-736398

[dsc]

1. that isn't an unreasonable defense in a state that requires the wearing of seatbelts

that certainly shouldn't absolve WalMart of all damages but it might well mitigate the damages. On edit: Is it against the law to not wear a seat belt in a limo? I know they aren't on school buses and are often not on commercial buses either so they might not be in limos.

[RiffRandell]

2. I think you are right.

I'm not siding with Wal-Mart but I always buckle up in the back seat.

This will negate the fact the driver was impaired from lack of sleep.

[dsc]

3. It by no means negates it

and WalMart surely will have to pay for much of the damages (all of the damage to the car and any injuries that Morgan would have gotten even wearing a seat belt at the very least). It also wouldn't negate the possibility of punitive damages if WalMart's conduct was egregious enough. But it would mitigate the medical damages to Morgan.

[RiffRandell]

8. Got it.

Makes sense. Thanks.

[Hassin Bin Sober]

4. We need a lawyer the weigh in.

Iirc, that isn't a defense. I seem to remember a lawyer friend who used to defend insurance companies telling me you can't claim the victim should have been wearing a seatbelt.

I think it might follow the theory that you take your victims how you find them.

[dsc]

5. Have to admit I don't know for sure

I could see this as an argument that Morgan failed to mitigate damages.

[Hassin Bin Sober]

10. I'm sure the law varies from state to state.

I'm in Illinois and maybe things have changed since I was told this.

[AZ Mike]

6. Do state laws require seat belt use in the back of a limo?

I don't think many limos are even equipped with seat belts, but I'm just curious about that.

[dsc]

9. good question

I edited my post to ask it. If the state doesn't WalMart is dead in the water on that defense.

[DJ13]

15. Im not sure, but I bet limo's are in the same class as a bus

That would mean no seat belts required.

[napi21]

7. Nice try WM, but it has NOTHING to do with why the WM truck driver lost control

and caused a six-car accident.

[former9thward]

12. It has nothing to do with cause.

In a court it has very much to do with damages. A jury can find WM the cause of the accident but not fully responsible for the damages.

Our insurance Require all Passengers to Fastened Seat Belt at all times during there trip. According to New Jersey Seat Belt law all occupants are required to buckle up, regardless of their seating position in a vehicle. New Jersey law allows police to issue summonses to unbuckled back seat occupants, 18 years of age and older, Law makes Driver responsible for proper seat belt use by all occupants who are under the age of 18. Applies to all Passenger Vehicles including vans, trucks and SUV's, that are required to be equipped with seat belts.

http://www.njexecutivelimo.com/pages/terms.html

[napi21]

14. I understand that and agree. I'm sure that's why WM issued that statement. nt

[Coventina]

11. Stay classy, Walmart (as I posted in the other thread on this topic).

It's the old, "your face was in the way of my fist" defense.

[pnwmom]

13. Plaintiffs in civil cases are required to have taken measures to mitigate the damage.

If Morgan wasn't wearing a seatbelt, then his lack of action increased the likelihood of damage rather than mitigating it.

So it's probably a valid legal point for Walmart.

[trumad]

16. Limo bus