• Tracy Morgan released from rehab, plans to sue Wal-Mart
    38 replies, posted
[QUOTE]Former "Saturday Night Live" star Tracy Morgan has been released from a rehabilitation facility as he heals from serious injuries he suffered in a car crash that left a fellow comedian dead, his spokesman said Saturday. Morgan will continue his recovery at home with an "aggressive outpatient program," spokesman Lewis Kay said. The former "30 Rock" star suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind June 7 by a Wal-Mart truck on the New Jersey Turnpike. On Thursday, lawyers for Morgan filed a lawsuit against Bentonville, Arkansas-based Wal-Mart Stores Inc. in U.S. District Court in New Jersey, claiming the retailer was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine van. The complaint claims the retail giant should have known that its driver had been awake for over 24 hours and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.[/QUOTE] [url]http://abcnews.go.com/Entertainment/wireStory/tracy-morgan-sues-wal-mart-crash-killed-24533320[/url] [IMG]http://a.abcnews.go.com/images/Entertainment/gty_tracy_morgan_dm_120201_wg.jpg[/IMG]
Title made me think he was in an addiction rehab facility..
seems reasonable
[QUOTE=SexualShark;45371235]seems reasonable[/QUOTE] Yeah I'm not much for suing for every little thing but this is pretty huge, he was seriously injured by a reckless driver.
[QUOTE=SexualShark;45371235]seems reasonable[/QUOTE] the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE] yeah lets ruin the truckers life instead
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE] [quote]The complaint claims the retail giant should have known that its driver had been awake for over 24 hours and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.[/quote] Wal-mart is a shit company, they probably kept this guy on a very tight schedule, hence no sleep. also its their truck aswell if i may add.
Does Wal-Mart handle its own shipping, or is it handled by other smaller transport companies? I could understand suing them if it's the former. Either way, the driver shouldn't have been awake for over 24 hours straight.
[QUOTE=Saza;45371378]Does Wal-Mart handle its own shipping, or is it handled by other smaller transport companies? I could understand suing them if it's the former. Either way, the driver shouldn't have been awake for over 24 hours straight.[/QUOTE] It's all about vertical integration, yo.
Every driving job I have been on has maintained a double standard. One standard that is policy, and used in conjunction with record keeping to maintain compliance with various regulatory agencies. The other is for individual driver productivity, where the driver's job hinges on their ability to meet deadlines or milage quotas. There is a reason those ephedrine pills (now outlawed) were primarily found at truck stops and highway fuel stations. Give em' hell, Mr. Morgan. -edit [QUOTE=Saza;45371378]Does Wal-Mart handle its own shipping, or is it handled by other smaller transport companies? I could understand suing them if it's the former.[/QUOTE] Wal-Mart has a gigantic network of warehouses and distribution centers and a mammoth fleet to serve it. -edit And may I offer some thread music, courtesy of the late Mr. Croce [video=youtube;YEo06UdN9vI]http://www.youtube.com/watch?v=YEo06UdN9vI[/video]
walmart needs a swift public kick in the groin even as I'm typing on my phone, it tried to correct me to write it properly, "Wal-Mart." fuck you pal-blart, get outta my phone
[QUOTE=Hugg;45371350]yeah lets ruin the truckers life instead[/QUOTE] The dood killed a person cause of his own negligence.
[QUOTE=Trunk Monkay;45371773]The dood killed a person cause of his own negligence.[/QUOTE] desperation might have played a part in the fact that he was up for 24hrs. As said above there are quotas to be met etc. And honestly would you be surprised if walmart treat their employees like shit? edit: ofcourse he has a responsibility but you can't just ignore the fact that walmart played a big part in this
[QUOTE=SexualShark;45371352]Wal-mart is a shit company, they probably kept this guy on a very tight schedule, hence no sleep. also its their truck aswell if i may add.[/QUOTE] It's their truck that he was driving when he was doing 20 over at night in a construction zone. Doesn't sound like walmart's fault to me. Walmart's a shit company but they keep with federal regs when it comes to employees. If they knew he had been awake for 24 hours on his drive to his facility, and then for an additional 13 1/2 hours when the accident happened, they'd have dropped his ass faster than a live hand grenade. I work for walmart and I fucking hate it, they work me to the bone but within federal limits. When I worked a 6 hour shift and didn't take a lunch, I got called into the management and got my ass chewed out over it because that breaks federal regulations; got told if I did it again, I'd be terminated on the spot. If the guy was on a tight schedule, then perhaps he shouldn't have lived 700 fucking miles away from his work. Or maybe he should leave a day or 2 early so he has time for r&r before work. [editline]12th July 2014[/editline] [QUOTE=Hugg;45371803]desperation might have played a part in the fact that he was up for 24hrs. As said above there are quotas to be met etc. And honestly would you be surprised if walmart treat their employees like shit?[/QUOTE] As far as I know, it wouldn't have been impossible for him to leave a day or 2 early so he could rest before he had to start hauling cargo.
I'll be surprised if he can go into acting again. He already had problems according to Kevin Smith (chronic pain due to a foot problem) but this.... Damn.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE] Every company has varying degree of responsibility over it's employees and in case of drivers it's a big one. it's their responsibility to ensure the driver is able to safely do his job or in case of him being unable to do so, firing him. It depends on if they were putting the load onto him consciously, negligently, or if the employee actively broke company rules. In first two cases Walmart fucked up. In the third case it might be the guys fault. That's what the court is meant to investigate and determine.
The fact that he was driving a Wal Mart truck [I]alone [/I]involves the company because it's their property. No matter what federal or company rules he broke, his operation of Wal Mart property turned it into a deadly missile that killed someone and seriously injured another. There is no way Wal Mart is going to walk away from this untouched, it just depends on how much of the responsibility falls on the driver and mitigating circumstances we don't know.
[QUOTE=Awesomecaek;45371878]Every company has varying degree of responsibility over it's employees and in case of drivers it's a big one. it's their responsibility to ensure the driver is able to safely do his job or in case of him being unable to do so, firing him. It depends on if they were putting the load onto him consciously, negligently, or if the employee actively broke company rules. In first two cases Walmart fucked up. In the third case it might be the guys fault. That's what the court is meant to investigate and determine.[/QUOTE] Walmart is responsible for it's drivers but in the end, most of the blame is going to fall on the driver. He was 20 miles per hour over the speed limit, at night, in a semi, in a construction zone. He was a half hour within the federal limit for being awake at the wheel. The driver was at fault and he should be held accountable for it. I know we all like to blame megacorps because they're terrible companies and they treat their venders and employees like shit, but it was a single person who made the mistake this time around, not walmart.
Here's a fun fact I learned recently: [URL="http://en.wikipedia.org/wiki/List_of_companies_by_revenue"]Wal-Mart is the largest company in the world by revenue[/URL].
[QUOTE=Trunk Monkay;45371911]Walmart is responsible for it's drivers but in the end, most of the blame is going to fall on the driver. He was 20 miles per hour over the speed limit, at night, in a semi, in a construction zone. He was a half hour within the federal limit for being awake at the wheel. The driver was at fault and he should be held accountable for it. I know we all like to blame megacorps because they're terrible companies and they treat their venders and employees like shit, but it was a single person who made the mistake this time around, not walmart.[/QUOTE] That's all fine and well as long as you can put all of the blame on the driver, but I don't feel as though this will be the case. [quote]Wal-Mart trucks have been involved in 380 crashes in the past two years, federal data show. The crashes have caused nine deaths and 129 injuries. The company has 6,200 trucks and 7,200 drivers, according to the Federal Motor Carrier Safety Administration, and they drove 667 million miles last year. Roper’s truck was equipped with a system designed to slow its speed and notify him of stopped traffic ahead, a company spokeswoman said. It’s unknown if the system was working. The National Transportation Safety Board is working with state police to look at any issues in the crash related to commercial trucking and limousine safety. Federal regulations permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel. Drivers must have at least 10 hours off between work shifts to sleep. Wal-Mart said it believed Roper was operating within federal regulations.[/quote] [url=http://philadelphia.cbslocal.com/2014/06/10/wal-mart-will-take-full-responsibility-if-its-truck-caused-tracy-morgan-crash/]It's worth checking multiple sources to make sure you understand the whole story[/url] If the trucks built in safety features did not work then it will be on Wal-Mart to take the full hit from the lawsuit. [url=http://www.alllaw.com/resources/car-accident-claims/employer-liability.htm]Here's some laws about employer liability for company cars involved in accidents[/url] and it will break down the different ways that company/corporate liability comes into play. Now what you're focusing on is employee negligence, asserting that only the driver is to blame for the accident. The company needs to ensure it's driver is in a suitable condition for such a trip, they become involved with allowing an unsuitable driver to take control of their semi and cargo while driving it several hundred miles to its destination. Both are to blame, but someone is going to be held more accountable than the other, and I really do hope its Wal-Mart since they hired him.
Soooo...waaaiiitt...let me get this straight. The [i]truck driver[/i] ignores all the DOT regulations for sleep, ignores several speed limits, ignores common sense and causes a lot of damage and injuries, and somehow WalMart is responsible for his actions? Yeah sorry fuck off with that shit. WalMart did not put you in the hospital you greedy fuck. [QUOTE=Hugg;45371350]yeah lets ruin the truckers life instead[/QUOTE] Given that it was the trucker's fault for this crash it's fitting. I'm sorry but if you're driving one of those trucks it is [b]your[/b] responsibility to get enough sleep. Not the company's. The DOT rules specifically state as much, you're only allowed 11 hours on the road.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE] I don't think you know how fucked trucking companies are. If a trucker knows he is to unsafe to drive because he is tired, the company does not give a shit. Walmart was most likely the company that was in charge of the driver, they don't care about his safety; they only care about the schedule. This video will help you understand. [QUOTE]This video was posted to educate people to what happens in the trucking industry. I was beginning to fall asleep behind the wheel of my tractor trailer loaded with produce when I decided to pull over for sleep and call my company to inform them that I was unsafe to continue driving.[/QUOTE] [video=youtube;l5B14ut13IE]http://www.youtube.com/watch?v=l5B14ut13IE&[/video] tl;dw, company does not care if driver feels if it is dangerous for him to drive.
[QUOTE=Trunk Monkay;45371816]It's their truck that he was driving when he was doing 20 over at night in a construction zone. Doesn't sound like walmart's fault to me. Walmart's a shit company but they keep with federal regs when it comes to employees. If they knew he had been awake for 24 hours on his drive to his facility, and then for an additional 13 1/2 hours when the accident happened, they'd have dropped his ass faster than a live hand grenade. I work for walmart and I fucking hate it, they work me to the bone but within federal limits. When I worked a 6 hour shift and didn't take a lunch, I got called into the management and got my ass chewed out over it because that breaks federal regulations; got told if I did it again, I'd be terminated on the spot. If the guy was on a tight schedule, then perhaps he shouldn't have lived 700 fucking miles away from his work. Or maybe he should leave a day or 2 early so he has time for r&r before work. [editline]12th July 2014[/editline] As far as I know, it wouldn't have been impossible for him to leave a day or 2 early so he could rest before he had to start hauling cargo.[/QUOTE] Lunch breaks are not federally mandated. The length and rules regarding lunch breaks if they are permitted are governed by federal law, but there is no requirement that a lunch break ever occur. I know this. I've worked for companies that do not provide breaks of any kind in eight and ten hour shifts.
[QUOTE=Elspin;45371258]Yeah I'm not much for suing for every little thing but this is pretty huge, he was seriously injured by a reckless driver.[/QUOTE] If what he claims is true, the driver wasn't reckless but the company was demanding too much of him. I don't think the driver is at fault. He was just trying to put food on the table. But if Wal-mart has their drivers going that far for work and going that long without sleep? Then yea, sue the fuck out of the company.
I wonder if Walmart has the hour trackers in their trucks like the shipping companies have, since most major shipping companies only allow a trucker to drive 8-10 hours per-day to try to avoid things like this .
Yeah Wal-Mart will take the hit for this, whenever an Airline has an accident that was caused by an overworked pilot the Airline is held at fault. Its a pretty similar case and if Wal-Mart is smart they'll settle out of court.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job. The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE] They fucking make billions in profit every year, why should the truck driver who gets almost fuck all have to pay?
[QUOTE=BANNED USER;45372476]That's all fine and well as long as you can put all of the blame on the driver, but I don't feel as though this will be the case. [url=http://philadelphia.cbslocal.com/2014/06/10/wal-mart-will-take-full-responsibility-if-its-truck-caused-tracy-morgan-crash/]It's worth checking multiple sources to make sure you understand the whole story[/url] If the trucks built in safety features did not work then it will be on Wal-Mart to take the full hit from the lawsuit. [url=http://www.alllaw.com/resources/car-accident-claims/employer-liability.htm]Here's some laws about employer liability for company cars involved in accidents[/url] and it will break down the different ways that company/corporate liability comes into play. Now what you're focusing on is employee negligence, asserting that only the driver is to blame for the accident. The company needs to ensure it's driver is in a suitable condition for such a trip, they become involved with allowing an unsuitable driver to take control of their semi and cargo while driving it several hundred miles to its destination. Both are to blame, but someone is going to be held more accountable than the other, and I really do hope its Wal-Mart since they hired him.[/QUOTE] The sad thing is, I bet if this truck driver had decided part way there, "I'm way too tired to be driving, I'll pull over and take a nap," he'd probably have found himself being screamed at by someone higher up for not meeting some deadline. It's a shitty situation to find yourself in; anything the guy did or could have done would have landed him in a whole heap of problems somewhere.
Wal-Marts fault for not enforcing standards on their drivers. Trucks have "black boxes" in them that record precisely what is happening with the vehicle. If he takes a nap they would know. The company I work for assures you that if you do not follow their strict safety polices you will be fired.
I find it ridiculous that in this day and age, some people are expected to work 24 hour shifts. In some cases it's unavoidable, like a delicate surgery, and that's understandable. But with 911 operators and truck drivers, it gets very dangerous and unfair to keep them working that long. With 911 operators, it happens because the call centers are underfunded and understaffed. And with truck drivers, it only happens because certain companies do not give a shit and demand X arrives at Y before Z or you're in trouble.
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