You have all probably heard about the horrific truck collision that injured entertainer, Tracy Morgan and others. Well Walmart is blaming the victims. Walmart filed a formal Answer to the Claim, and Walmart says that injuries “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.” In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift. “Walmart knew or should have known” that Roper had been “awake for more than 24 consecutive hours” ahead of the crash. “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 answer. Walmart also looks to defend itself by disputing a basis for the negligence claim; disputing that actions were proximately caused by the company and its agents; disputing that Walmart had any control over third parties who may have caused damages; and disputing that it owed any duty to the plaintiffs.
Don’t let a negligent corporation or individual blame you for their improper conduct. We will investigate the claim and make sure that those at fault are held responsible for all damages. Call the skilled attorneys at Liever, Hyman & Potter if you or a family member was injured. Consultation is free. We can obtain the records for you if we investigate the case.
By Michael W. McGuckin, Esquire; Attorney for the Reading, Pennsylvania Personal Injury Law Firm of Liever, Hyman & Potter, P. C. which limits their practice to medical malpractice, car, truck, motorcycle accidents, wrongful death cases, premises liability, nursing home neglect, and work injuries. Serving Berks, Schuylkill and surrounding counties for over 50 years.