Los Angeles:`30 Rock` star Tracey Morgan is suing Wal-Mart following the accident on June 7 that injured the actor and killed fellow comedian James McNair.
Tracy Morgan has filed suit against Wal-Mart, as the owner of the truck that allegedly struck Morgan`s limousine on June 7. Morgan and several other passengers suffered severe injuries in the crash and were hospitalized, while one other person was killed, reportedly.
The civil suit, filed in the US District Court of New Jersey, alleges that "Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle."
The suit alleges that the company "knew or should have known" that driver Kevin Roper had been awake "for more than 24 consecutive hours" ahead of the accident, violating Federal Motor Carrier Safety Administration regulations.
According to the suit, Roper had fallen asleep at the wheel before the crash. "Mr Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment, and will require significant physical rehabilitation," the suit says.
The co-plaintiffs listed in the suit are Ardley Fuqua, Jr and Jeffrey Millea and his wife. The actor and other co-plaintiffs are seeking a jury trial, compensatory and punitive damages, and attorney`s fees, as well as "any and all such further relief as this Court deems just and proper."
Roper has pleaded not guilty to death by auto and assault by auto charges.