Gary Gershoff/Getty ImagesWalmart is firing back at Tracy Morgan's lawsuit and claiming that the 45-year-old comedian is responsible "in whole or in part" for the critical injuries he sustained when his tour bus crashed with a Walmart truck on the New Jersey Turnpike back on June 7.
The six-car accident left Morgan with broken ribs, a broken nose and a broken leg and resulted in the death of his friend James McNair. Following the crash, Morgan filed a negligence lawsuit against Walmart alleging that their truck driver Kevin Roper was overworked and fatigued on the day of the crash.
Today, the corporate retailer responded to Morgan's lawsuit and faulted the former Saturday Night Live star and the other injured passengers aboard the bus.
In a legal response obtained by E! News, Walmart says that Morgan's injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device." "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 filing.
Days after the crash, Roper pleaded not guilty to one count of vehicular homicide and four counts of assault by auto. Walmart responded by stating they believed Roper was abiding by federal driver safety guidelines, which mandate the number of hours a truck driver must sleep while working.
Soon after that, the National Transportation Safety Board's reported that Roper was going 65 mph in a 45-mph zone just before crashing into Morgan's vehicle.
As for Morgan's health, he's been on a long road to recovery. In August, Morgan's attorney, Benedict Morelli, told Today, "He's still struggling, but he's a fighter and he's had issues before that he's fought through, and he's fighting hard."