Walmart is blaming Tracy Morgan for his injuries.

[Kermit]

They claimed that he should have been wearing his seat belt.

[RubberKettle]

Click it or ticket!

[NrmlCurvSurfr]

Walking around in a bus going 60mph, what could possibly go wrong?...Tracy needs to up his physics game...I never thought he was funny at all, I hope he gets better though. Who knows whose fault it really is. I've seen limo bus drivers and truck drivers, driving like dumbshits...

[jtoler]

Nobody on a damn bus wears seatbelts.

[Auto Donk]

standard affirmative defense pleading, risky with a hi profile plaintiff; accident reconstructionist and and a good biomechanics expert will show that had Morgan had his seatbelt on, he'd have faced only bumps/bruises/seatbelt rash from the accident, as opposed to the near fatal/debilitating injuries he did sustain. I'm sure NJ (think that's where the accident happened) has some sort of "comparative fault" system where walmart can skirt some of its responsibility for the extent of his injuries if the evidence supports it and the jury buys it, and doesn't hold the "blaming the victim for injuries caused by your asleep at the wheel driver" argument against them. Good lawyers will select a jury that 1. doesn't have morgan fans on it, 2. has people who haven't heard all the recent press/backlash against Walmart, and 3. has people who are willing to set passion/emotion aside and consider the evidence...... it's a valid argument to raise, ie. contributory negligence, and can skillfully be presented to a jury. Used to make the same type arguments all the time when I was rep'ing GM in products liability cases.....

[Kaabee]

This is what lawyers do. This should not be making headlines.

[Ghenghis Kahn]

so the accident has nothing to do with the guy being sleep deprived?

i looked into the trucking industry before and most of these guys lack sleep. if these drivers complain about falling a sleep, the dispatchers just threaten to fire them. it's a shitty industry.

but does it surprise you walmart is blaming tracy morgan? i fukking hate walmart.

[MoMoneyMoVaughn]

standard affirmative defense pleading, risky with a hi profile plaintiff; accident reconstructionist and and a good biomechanics expert will show that had Morgan had his seatbelt on, he'd have faced only bumps/bruises/seatbelt rash from the accident, as opposed to the near fatal/debilitating injuries he did sustain. I'm sure NJ (think that's where the accident happened) has some sort of "comparative fault" system where walmart can skirt some of its responsibility for the extent of his injuries if the evidence supports it and the jury buys it, and doesn't hold the "blaming the victim for injuries caused by your asleep at the wheel driver" argument against them. Good lawyers will select a jury that 1. doesn't have morgan fans on it, 2. has people who haven't heard all the recent press/backlash against Walmart, and 3. has people who are willing to set passion/emotion aside and consider the evidence...... it's a valid argument to raise, ie. contributory negligence, and can skillfully be presented to a jury. Used to make the same type arguments all the time when I was rep'ing GM in products liability cases.....

As someone with some some automotive product liability experience (Canadian mind you) and various levels of automotive safety, him not wearing a seatbelt is damning. I do not know the details of the accident but there is a good change this buries him.

They do a lot more than many give them credit for, seat belts.

[Kaabee]

As someone with some some automotive product liability experience (Canadian mind you) and various levels of automotive safety, him not wearing a seatbelt is damning. I do not know the details of the accident but there is a good change this buries him.

They do a lot more than many give them credit for, seat belts.

The fact that it was a bus makes a huge difference.

[MoMoneyMoVaughn]

The fact that it was a bus makes a huge difference.

Bus?

Jesus I know 0 details.

[NrmlCurvSurfr]

Nobody on a damn bus wears seatbelts.

Can't confirm this, but if true, it sure says a lot about people who ride busses.

[itchypickle]

It was a Mercedes Sprinter...not a bus as in school bus or Greyhound. So they have normal seating...think limo or party bus. Attaching a Google image, not Morgan's exact one but the same model from Mercedes so you can clearly see they have at least a plausible argument about the lack of seatbelts.

[jtoler]

It was a Mercedes Sprinter...not a bus as in school bus or Greyhound. So they have normal seating...think limo or party bus. Attaching a Google image, not Morgan's exact one but the same model from Mercedes so you can clearly see they have at least a plausible argument about the lack of seatbelts.

Nobody is still wearing a seatbelt in that, youre chilling, lounging, yea its the law and I always wear mine even as a passenger, but I dont think I would have had it on in that.

[Kermit]

That vehicle was so mangled, I doubt a seatbelt would have helped much.

[itchypickle]

Nobody is still wearing a seatbelt in that, youre chilling, lounging, yea its the law and I always wear mine even as a passenger, but I dont think I would have had it on in that.

I agree. Wasn't making argument about that aspect, just throwing it out there it wasn't like a school bus ride. Guess it's like a motorcycle or convertible etc...certain 'safety measures' may not help but if you're not within the law, its on the person legally speaking. Car seats and kids are a perfect example..the strap vs belt options....so many variations and parents choose but by law if not a certain way, they dont have a case if child is injured.

[greenhippo]

That's a sexy looking bus, part central.

[TheGoldenGoose]

The WalMart Truck driver was traveling 20mph over the speed limit and had been awake over 24 hours straight in direct violation of transportation law. Truck drivers can only drive 11 hours and must take mandatory break.

[rkelly110]

If Wal-mart wins that case, it will set a president for future accidents. It must not win!

[Boner_18]

Def should have been wearing a belt. Good on Wal-Mart for bringing this up, they care about our communities and want to shed light on this one action we should all take to keep us safer in our daily lives.

[Auto Donk]

Def should have been wearing a belt. Good on Wal-Mart for bringing this up, they care about our communities and want to shed light on this one action we should all take to keep us safer in our daily lives.

hahahah.......... indeed Walmart "spews love and caring" throughout the communities it invades..... shutting d own every mom and pop store in town; turning small town "downtowns" into ghost towns, and generally filtering all the white trash in the community into one poorly dressed despicable congregation!

[konck]

who cares

[Boner_18]

True. Wal-Mart is notorious for opening up, kidnapping all the members of the community and forcing them to stop patronizing mom and pop. Often at gunpoint.

[itchypickle]

True. Wal-Mart is notorious for opening up, kidnapping all the members of the community and forcing them to stop patronizing mom and pop. Often at gunpoint.

Right...I can see the lady chatting to her friends about how Wal Mart is evil...wal mart does xyz so bad...Wal mart is the devil....her daughter then needs some stuff for school and they also need bread and some salad dressing to finish dinner...they head out to pick them up and when they drive past Whole Foods and the local store the daughter says 'mom those stores have what we need, why'd you come to the next street over to get them??' and the mom says "susie shut up..Wal Mart has everything we need in one store and for cheaper prices....so we are shopping at Wal Mart"