Walmart Says Tracy Morgan Is At Fault For Not Wearing A Seatbelt

As is its legal right, Walmart is mounting an aggressive defense against a lawsuit brought be Tracy Morgan, who was seriously injured in June when a one of the company's truck's lost control on the New Jersey Turnpike and caused a train reaction which wrecked his limo. The crash killed James McNair, a comedian on Morgan's "Turn it Funny" tour.

Morgan is one of several survivors of the crush suing the retail giant, alleging Walmart truck driver Kevin Roper had fallen asleep at the wheel because he had "been awake for more than 24 consecutive hours."

On Monday, Walmart denied any responsibility for the crash, saying it shouldn't be held accountability for a third party (Roper's) actions. They also pinned Morgan's and the other's injuries on their failure to wear a seat belt.

"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 to Morgan's lawsuit, delivered in Federal court.

Morgan hasn't been seen public (nor has he Tweeted) since the accident, which left him with a broken nose and ribs and severely damaged legs. He spent over a month in the hospital and rehabilitation facility. On August 11, Morgan's attorney said the comedian was still struggling in his recovery, but fighting hard.

Here's hoping Morgan can get well enough to get back on stage. Maybe he can return with some jokes about who in the world would wear a seatbelt in a limo.