Walmart says Tracy Morgan wasn't wearing his seatbelt during a New Jersey wreck that took the life of his good friend and mentor, 62-year-old comedian James McNair. The same accident, which took place in June, left the former "30 Rock" star with serious injuries.Morgan had been traveling with McNair and several others inside a limo bus when it was struck from behind by Walmart driver Kevin Roper, 35, who had traveled more than 700 miles from his home in Georgia to a Walmart facility in Delaware before beginning his shift.In legal documents filed in a New Jersey court Monday and obtained by the Hollywood Reporter, 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."
Morgan, 45, was in critical condition for several days following the June 7 crash. He suffered a broken leg as well as broken ribs and spent over a month in rehabilitation facility after the accident.Morgan's attorneys filed a lawsuit against Walmart in July, claiming that the retail giant was criminally negligent in allowing Roper to operate a vehicle after already being on the road for hours.Roper is now facing death by auto and four counts of assault by auto criminal charges in New Jersey over the crash.
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