Comedian Tracy Morgan in 2009. Photo: David Shankbone via Wikimedia Commons.

Comedian Tracy Morgan in 2009. Photo: David Shankbone via Wikimedia Commons.

In a response to a lawsuit against Walmart related to an accident involving comedian Tracy Morgan and a Walmart tractor trailer, Walmart stated that Morgan and the other passengers involved in the crash disregarded their own safety by choosing not to wearing seat belts.

“By failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs own best interests,” stated Walmart.

The statement is part of Walmart’s defense case that the company is not liable for damages because the plaintiffs failed to ensure their own safety, according to a story in The Hollywood Reporter.

The accident occurred on June 7 when a limousine carrying Morgan was struck from behind by a Walmart truck on the New Jersey Turnpike. The accident killed one of the limousine passengers and seriously injured Morgan. The crash occurred at 1 a.m. local time and involved 6 vehicles.

In Morgan’s lawsuit, lawyers for him and three other claim the Walmart driver was fatigued at the time of the crash, having been awake for more than 24 hours beforehand.

The National Transportation Safety Board earlier released its preliminary report of its investigation into the crash, showing the truck driver was traveling well beyond the posted speed limit but appeared to be within legal hours of service.

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