Big box retailer Walmart says Tracy Morgan is to blame for the devastating injuries he sustained when one of their trucks hit his car June because he wasn’t wearing a seatbelt.
Walmart has responded to a lawsuit filed by Morgan in July, in which the comedian and actor alleged the company bore responsibility for the accident because its driver, Kevin Roper, was fatigued. Walmart refused to confirm or deny that claim, citing an National Transportation Safety Board law, according to the Hollywood Reporter:
“By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” states Walmart’s answer.
Walmart also looks to defend itself by disputing a basis for the negligence claim; disputing that actions were proximately caused by the company and its agents; disputing that Walmart had any control over third parties who may have caused damages; and disputing that it owed any duty to the plaintiffs.
The defendant also asserts that plaintiffs are barred from recovering damages because they failed to mitigate their losses. Further, Walmart says its due process rights will be violated because the company “did not engage in any wanton or willful conduct that would warrant an award of punitive damages.”
Some legal analysts have said this is common move in lawsuits taken to reduce the amount of damages a plaintiff could get. Morgan’s suit also includes comedian ArdieFuqua, Morgan’s assistant Jeffrey Millea and Millea’s wife, Krista Millea.
Brad Pitt has blessed the mortal human beings of our realm with his first post-wedding interview in British GQ. In the issue, he asserts his love for someone he respects and admires—Shia LaBeouf. Via GQ:
“Oh, I love this boy. He’s one of the best actors I’ve ever seen. He’s full-on commitment, man. He’s living it like no one else, let me tell you. I’ve been fortunate to work with a lot of great actors. He’s one of the best I’ve seen.”
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