A tragic car crash this summer took the life of a limousine passenger and has left the future of actor and comedian Tracy Morgan’s career in jeopardy. The case, being heard in the U.S. District Court in New Jersey, involves a Walmart truck and a limo shared by Morgan and his friends that collided in a June 7 accident on the New Jersey Turnpike.
According to reports, Walmart has alleged that Morgan was not wearing a seatbelt when the accident occurred. In contrast, Morgan’s lawyers claim Kevin Roper, the driver of the Walmart truck, fell asleep at the wheel and despite having state-of-the-art collision avoidance features on the truck caused severe harm to the passengers, according to court papers. The plaintiffs allege Walmart should have been aware of the driver’s extended time on the road as well as a compromised safety system.
Parsing through the claims, a number or relevant items regarding the use of seatbelts become apparent, including how much money Morgan and the plaintiffs are entitled to, if any.
Ira H. Leesfield, of Leesfield & Partners, details some of the complexities of the “Seat Belt Defense” and how injury attorneys can work toward countering it.
“Few topics in tort law have been as controversial as the seat belt defense,” he wrote on the firm’s website. “[It] has emerged as one of the most controversial issues in recent tort law history. Although a clear majority of jurisdictions have rejected the defense, a substantial number of large and influential states, including New York, California and Florida, have adopted at least some version of it,” Leesfield wrote.
He said there are 31 jurisdictions that do not consider it valid, while 15, including New Jersey, allow for the possibility of at least a partial reduction of damages. Those jurisdictions are: Alaska, Arizona, California, Colorado, Florida, Georgia, Iowa, Michigan, Missouri, New Jersey, New York, Ohio, Oregon, West Virginia and Wisconsin.
A personal injury legal expert from California, who asked to remain unnamed, said predicting what percentage a jury might find someone at fault for not having a seatbelt can vary greatly. He said a “biomedical” analysis in terms of reconstructing the accident, usually performed by independent reconstruction engineers hired by both parties, will impact the jury’s determination.
He adds that, depending on the state where the accident occurred, negligence on behalf of the victim could range from a diminished award to netting nothing, if the negligence is determined to be more than half the cause of the injury.
According to information from Roy H. Binder & Associates on njcounselors.com, New Jersey’s comparative negligence doctrine calls for a plaintiff’s ability to recover damages “provided their negligence was not greater than the party or parties against whom recovery is sought [not greater than 50%]. However, the damages to which an injured party would be entitled will be diminished by the percentage of negligence attributable to the recovering party.”
The purpose of the doctrine is to eliminate the “harsh” doctrine of “contributory” negligence that would bar any recovery if the plaintiff was found to be even partially at fault.
“Further, the New Jersey Joint Tortfeasor Act allows a plaintiff to recover the full amount of damages from any joint tortfeasor determined to be 60 [%] or more responsible for the total damages,” the site states. A party found to be less than 60% responsible is only required to pay the damages attributed to them.
Attempts to contact both Walmart and Morgan’s attorneys were unsuccessful as of press time. Walmart released a statement indicating they are working to resolve the case and are hopeful for a settlement.
“Walmart is committed to working to resolve all of the remaining issues as a result of the accident. As part of the ordinary course of legal proceedings, Walmart filed an initial response yesterday to the lawsuit that included facts and defenses that may impact the case moving forward,” said spokeswoman Brooke Buchanan on September 30. “While we were required to respond to the lawsuit, we have also taken steps to encourage settlement discussions. Our thoughts continue to go out to everyone involved, and we remain committed to doing what’s right.”