Thread: Ive always despised Walmart for various things but this takes the cake....

just WOW.

http://www.hollywoodreporter.com/thr...gan-not-736398

On Monday, Walmart delivered its answer in a New Jersey federal court to 30 Rock actor Tracy Morgan's lawsuit arising from a six-car accident on the New Jersey Turnpike. Among nine affirmative defenses, Walmart says that injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."



Morgan was among several people injured who are now suing Walmart for negligence.


In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift.

Still not 100% convinced this was Wal Mart's fault...

Yeah, not really seeing how Walmart is to blame here.

The driver worked for them. Having used to work in the truck industry i know that drivers are not allowed to drive more than 10 hours at any given time and must stop for rest. The report states the driver drove for more than 24 hours.

Originally Posted by Northman

The driver worked for them. Having used to work in the truck industry i know that drivers are not allowed to drive more than 10 hours at any given time and must stop for rest. The report states the driver drove for more than 24 hours.

Unless you can prove Walmart told him to drive that long, your can't fault the company.

Originally Posted by Northman

The driver worked for them. Having used to work in the truck industry i know that drivers are not allowed to drive more than 10 hours at any given time and must stop for rest. The report states the driver drove for more than 24 hours.

He drove that far to get to work - he wasn't working.

Originally Posted by BroncoWave

Unless you can prove Walmart told him to drive that long, your can't fault the company.

I guarantee it wont matter.

*Edit*

This isnt a case where a Walmart cashier left work and got into an accident. When you drive for a company and move merchandise for said company it makes you and the company you work for liable. Its why you often see phone numbers on the backs of trucks in case said drivers are driving unsafely. While the driver takes the brunt of the blame he was still on the clock and on Walmart's dime which makes them equally as liable.

Originally Posted by Northman

Originally Posted by BroncoWave

Unless you can prove Walmart told him to drive that long, your can't fault the company.

I guarantee it wont matter.

I'm sure it would matter of proof of that existed. But I highly doubt proof of that exists, because I highly doubt he was driving 24 hrs in a row at Walmarts demand.

It's not the company's fault this guy wasn't following the rules.

Originally Posted by BroncoJoe

He drove that far to get to work - he wasn't working.

If thats true than i stand corrected.

I still think the driver is the one that has to log in his hours and uphold to the laws of hours behind wheel and downtime. I admit that I don't know the laws in how that relates to the company they are working for, but I know a lot of truck drivers. They might be 'free lance' drivers, not sure.

Originally Posted by Northman

If thats true than i stand corrected.

From the article:

In particular, their lawsuit filed in July questions whether Walmart driver Kevin Roper was fatigued at the time of the crash. According to the suit, Roper had commuted 700 miles from his home in Jonesboro, Ga., to a Walmart facility in Smyrna, Del., before beginning his shift.

More detail is needed. Was the driver ordered to pick up this load and drive it somewhere knowing he was fatigued? Was it to cover somebody else's shift who had called in sick or taken FMLA, etc? Or did they tell him this was overtime and they'd pay him extra if he picked up this job, etc.? The devil is in the details. Was Wal-Mart aware of how far he was driving to pick up this load and did they have any reason to suspect he would be fatigued? Did the manager in Delaware notice any signs of fatigue when the driver checked in to pick up his load?

Think of it this way. If an airplane pilot drove all night to get to a destination to fly his plane somewhere and the plane crashed, would the airline be liable? My guess is they would as long as they were aware in any way that the pilot was tired before he took off. If the pilot hid that they drove all night, I can see where the airline might still be liable for civil penalties but not criminal ones.

Of course, it should also be questioned whether the Wal-Mart truck was truly the cause of the crash or just the convenient "deep pockets" for everybody to sue.

Originally Posted by Ravage!!!

I still think the driver is the one that has to log in his hours and uphold to the laws of hours behind wheel and downtime. I admit that I don't know the laws in how that relates to the company they are working for, but I know a lot of truck drivers. They might be 'free lance' drivers, not sure.

Just don't blame the coaching!!! :-)

Regardless of who was at fault, they normally have stuff I need. I'll continue to shop there.

Originally Posted by Bronco9798

Regardless of who was at fault, they normally have stuff I need. I'll continue to shop there.

Agreed. To be honest, if they save me a buck, I really don't care what they do behind the scenes. If that makes me an awful person so be it, but I vote with my dollar.