September 29, 2014 11:19 pm -

Walmart is defending itself from a suit by comedian Tracy Morgan by saying the injuries he incurred were his own fault.


In its response Monday, Wal-Mart denied any responsibility for the auto accident — and said Morgan’s claim that the crash came from their negligence was bogus.

“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device,” Wal-Mart’s court papers said.

Morgan failed to “exercise ordinary care in making use of available seatbelts … and acted unreasonably and in disregard of plaintiffs’ own best interests,” Wal-Mart alleged.

The retail giant also argued it didn’t owe any punitive damages to Morgan because he was negligent in failing to wear his seatbelt, as required by law.[su_csky_ad]

D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.

16 responses to Walmart Says It’s Tracy Morgan’s Fault

  1. KB723 September 29th, 2014 at 11:31 pm

    Blame the Victim… A world of No Accountability, is shown from the top down, Hmm ‘Trickle Down’???

  2. William September 29th, 2014 at 11:42 pm

    Pretty standard defense response in a lawsuit of this type.

    • whatthe46 September 30th, 2014 at 12:35 am

      that i will agree, but, i think they may lose more than they bargined for by fighting this.

      • William September 30th, 2014 at 12:46 am

        I hope so.

  3. whatthe46 September 29th, 2014 at 11:44 pm

    seatbelts aren’t mandatory in limo’s, or buses. that includes party buses or RV’s. so, if he were on any of the other’s they’d still lay blame on him. or any other party for that matter.

    • William September 30th, 2014 at 12:04 am

      I was actually busy looking for that law. Some states exempt limo’s (I am told). I’m wondering about the requirement in the van/limo involved in the crash.

  4. burqa September 29th, 2014 at 11:50 pm

    I need more from WalMart.
    Would wearing a seat belt have caused the driver to steer better?
    Would wearing a seat belt made the driver hit the brake faster?
    Would wearing a seat belt have improved driver visibility?

    questions, questions……

  5. tiredoftea September 30th, 2014 at 12:14 am

    Yes, we have more wealth than over 40% of the country’s population, but we still have no responsibilities here.

  6. M D Reese September 30th, 2014 at 12:16 am

    So never mind that the Walmart truck driver caused the accident. If he hits a vehicle full of people who are not wearing seatbelts–like a school bus for instance–then their injuries are their own damn fault? Looking at pictures of the accident, I really don’t think that a seat belt would have made much difference.

  7. AnthonyLook September 30th, 2014 at 12:26 am

    To stupidly stubbornly and foolishly attempt such an obvious weak defense begs the question; just how much is Walmart wasting on these lawyers that pitched this loser of a defense to them. I’d fire the lot of them. If they don’t settle; this will become landmark material.

    • William September 30th, 2014 at 12:44 am

      I’m guessing they will settle after they go through the usual tossing of legal grenades back and forth.
      I was told that every 14 minutes someone sues WalMart. I bet their legal department has a bigger budget than most third world countries.

      • Pilotshark September 30th, 2014 at 8:44 am

        and also betting big that the legal team is making more the minimum wage and are shown the forms for welfare.

  8. majii September 30th, 2014 at 12:45 am

    I taught school for over 30 years, took many kids on many field trips and none of the buses had seat-belts.

    Of course, we had the good fortune of never having run into any Walmart drivers on any of the trips. /s/

    This is a pitiful excuse being used by Walmart to avoid accepting any responsibility for the accident. A guy was killed and Morgan was seriously injured by one of the company’s own drivers, an all its lawyers can use as a defense is that Tracy Morgan wasn’t wearing a seat-belt! Sad, dumb, and irresponsible.

  9. William September 30th, 2014 at 12:58 am

    Does anyone else remember that right after the crash Wal-Mart was “stepping up the plate”, and the driver was charged?

    “The facts are continuing to unfold,” Walmart CEO Bill Simon said Saturday. “If it’s determined that our truck caused the accident, Walmart will take full responsibility.” The six-vehicle crash allegedly occurred when a truck driver fell asleep at the wheel. Morgan’s 2012 Mercedes Sprinter was the only vehicle that flipped over in the collision. – See more at:

  10. eddie1247 September 30th, 2014 at 7:20 am

    I hope Tracy Morgan wins a settlement in the millions!

  11. R.J. Carter September 30th, 2014 at 9:42 am

    Was Morgan driving? The seatbelt laws I’m familiar with exempt passengers in the rear seats.