• One died, three injured when Walmart truck hit Tracy Morgan's limo

  • Morgan filed a lawsuit saying crash was Walmart's fault

  • Walmart responds, saying Morgan and others should have worn seat belts




(CNN) -- Walmart has responded to a lawsuit filed by Tracy Morgan over a deadly car crash that left the comedian in critical condition. The big box store blamed the injuries suffered by Morgan on his failure to wear a seat belt.









Actor Tracy Morgan is still recovering from injuries suffered in a six-vehicle accident in New Jersey on June 7. The former "Saturday Night Live" cast member and "30 Rock" star was riding in a limo bus when the accident occurred. Actor Tracy Morgan is still recovering from injuries suffered in a six-vehicle accident in New Jersey on June 7. The former "Saturday Night Live" cast member and "30 Rock" star was riding in a limo bus when the accident occurred.



Morgan got his start as a stand-up comedian, working at Harlem's Apollo Theater before landing his gig with "Saturday Night Live." He was a cast member from 1996 until 2003. In the October 3, 1998 "Big Bernard" skit, Morgan performs with basketball star Shaquille O'Neal.Morgan got his start as a stand-up comedian, working at Harlem's Apollo Theater before landing his gig with "Saturday Night Live." He was a cast member from 1996 until 2003. In the October 3, 1998 "Big Bernard" skit, Morgan performs with basketball star Shaquille O'Neal.



Tracy Morgan with Maya Rudolph in the "On The Subway" skit on April 13, 2002. Tracy Morgan with Maya Rudolph in the "On The Subway" skit on April 13, 2002.



In 2003, Morgan left SNL to start "The Tracy Morgan Show," but it ran for only one season before it was canceled. In 2003, Morgan left SNL to start "The Tracy Morgan Show," but it ran for only one season before it was canceled.



Morgan's acting career branched out from television to include movie titles such as "30 Years To Life." Director Vanessa Middleton, left, appeared with Allen Payne and Morgan at the premiere on March 27, 2002. Morgan's acting career branched out from television to include movie titles such as "30 Years To Life." Director Vanessa Middleton, left, appeared with Allen Payne and Morgan at the premiere on March 27, 2002.



Actor Tracy Morgan and his wife Sabina pose on the red carpet during the premiere of "Are We There Yet?" at the Mann Village on January 9, 2005 in Los Angeles. The couple divorced in 2009 after 23 years of marriage. Actor Tracy Morgan and his wife Sabina pose on the red carpet during the premiere of "Are We There Yet?" at the Mann Village on January 9, 2005 in Los Angeles. The couple divorced in 2009 after 23 years of marriage.



Tracy Morgan and Tina Fey worked together after SNL on the show "30 Rock." Morgan played Tracy Jordan, a character that was loosely based on himself. Tracy Morgan and Tina Fey worked together after SNL on the show "30 Rock." Morgan played Tracy Jordan, a character that was loosely based on himself.



Members of the cast of "30 Rock" joke around with their award for outstanding comedy series backstage at the 60th Primetime Emmy Awards in Los Angeles on September 21, 2008. Morgan was also nominated for Outstanding Supporting Actor in a Comedy Series. Members of the cast of "30 Rock" joke around with their award for outstanding comedy series backstage at the 60th Primetime Emmy Awards in Los Angeles on September 21, 2008. Morgan was also nominated for Outstanding Supporting Actor in a Comedy Series.



Morgan starred with Bruce Willis in the 2010 movie "Cop Out."Morgan starred with Bruce Willis in the 2010 movie "Cop Out."



Morgan has stirred up controversy with some of his comments in his comedy acts. "I hurt people with this, so from the bottom of my heart I apologize to everybody who I offended with my words on stage," he said in 2011 after an anti-gay rant in one of his shows. Stand-up comedy should "heal people, not hurt."Morgan has stirred up controversy with some of his comments in his comedy acts. "I hurt people with this, so from the bottom of my heart I apologize to everybody who I offended with my words on stage," he said in 2011 after an anti-gay rant in one of his shows. Stand-up comedy should "heal people, not hurt."



Tracy Morgan promotes his new book "I Am The New Black" at Barnes & Noble Union Square on October 22, 2009 in New York City.Tracy Morgan promotes his new book "I Am The New Black" at Barnes & Noble Union Square on October 22, 2009 in New York City.




Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career

Tracy Morgan's comedy career



Photos: Tracy Morgan\'s comedy careerPhotos: Tracy Morgan's comedy career






Tracy Morgan speaks out after crash

Walmart filed a 28-page response to a complaint by lawyers acting for Morgan and three others. Police said a truck driven by Walmart employee Kevin Roper collided with the rear of the vehicle in which Morgan was riding.


Roper pleaded not guilty in June to criminal charges that include vehicular homicide and assault by auto.


Morgan's lawsuit said Walmart was careless and negligent in the operation of the vehicle. It said the company should have known Roper had been awake for more than 24 hours at the time of the accident, and cited Walmart for not complying with Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue.


The Walmart truck that rear-ended Morgan's vehicle was traveling 20 mph over the speed limit, according to a preliminary report by the National Transportation Safety Board.


The "30 Rock" and former "Saturday Night Live" star was seriously injured in June after the truck slammed into a limo bus occupied by Morgan and four others on the New Jersey Turnpike. The crash killed the star's longtime friend, comedian James McNair, and injured the other passengers. Morgan was hospitalized with broken ribs, a broken nose and a broken leg.


Morgan 'still struggling' from car crash


In its response, Walmart said the injuries were "caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seat belt restraint device." The company said by not using seat belts, the plaintiffs "acted unreasonably and in disregard of plaintiffs' own best interests."





Driver pleads not guilty in Morgan crash




Truck driver defends himself via Twitter

Walmart did not directly address the claims regarding Roper because of the ongoing National Transportation Safety Board investigation.


Walmart said Morgan's and the other plaintiffs' damages were not caused by the company or any of its affiliated employees. Instead, the chain noted the possibility that injuries "may have been caused by third parties over whom Walmart had no control."


The next step for Morgan's side is to file a written statement specifying the amount of damages alleged in the initial complaint. Walmart is asking for a trial by jury.


Representatives for Morgan did not immediately respond to a request for comment.



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