The legal battle between Walmart and its insurers over the multi-million-dollar tractor-trailer crash settlement paid to Tracy Morgan has turned nastier.
The retail giant coughed up a rumored $90 million after a company driver crashed into a limousine carrying Morgan and several passengers, one of whom was killed.
The insurers, which are trying to avoid taking the hit for the payments, filed documents last week alleging that the chain overpaid in order to avoid bad publicity.
The documents, obtained by Daily Mail Online, say that the ‘exorbitant’ settlements should not be covered by them, since there is ‘no coverage to the extent which these settlements were paid to avoid adverse publicity’.
They also say that the amount paid out to Morgan and his co-passengers was excessive in comparison to Morgan’s actual injuries.
They allege that Walmart did not conduct adequate investigations into the 30 Rock star’s health before settling.
‘Within weeks of Wal-Mart settling with Morgan, Morgan was seen driving one of the most powerful sports cars in midtown Manhattan, driving without any difficulty and clearly showing he was enjoying himself,’ the documents state.
‘Wal-Mart would have learned that Morgan was capable of doing these things had it done an adequate and reasonable investigation before settling.’
The suit that lists some of the work Morgan has been involved with in the past year.
‘For example, since mid-June 2015, Morgan has appeared on national TV, presenting an Emmy Award; hosting Saturday Night Live; appearing on Jimmy Kimmel Live; appearing on the Tonight Show; filming scenes for an upcoming Hollywood feature; agreeing to start a half-hour comedy pilot on a cable network; and embarking on a multi-date comedy tour in cities throughout the United States and Canada,’ reads the suit.
The crash took the life of his friend and fellow comic James McNair and injured three others.
The 47-year-old 30 Rock star suffered a traumatic brain injury and numerous fractures when a tractor-trailer slammed into the back of his limo van on New Jersey Turnpike in June, 2014.
A preliminary investigation by the National Transportation Safety Board said Kevin Roper was driving 65mph in the 60 seconds before he slammed into the van. The speed limit on that stretch of the New Jersey Turnpike is 55mph and was lowered to 45mph that night because of construction.
Morgan spent almost two months in the hospital and rehab following the accident before he could return home.
Roper took to Twitter to deny claims he was under the influence at the time of the accident, saying; ‘I was never charged at the scene of the accident because once again i was not guilty of any crime. Not until all the TV cameras came.’
The Georgia resident also stated that he felt ‘horrible’ and ‘wished it was him who was hurt’ before writing; ‘So yes i am now most likely f****d because i had an unfortunate ACCIDENT with the wrong car that night.’
Morgan was forced to put an FX series he had in development on hold after the accident.
Source: Daily Mail
