Wal-Mart Pilloried For Defense In Tracy Morgan Crash

By citing the fact that plaintiffs in the Tracy Morgan crash case weren’t wearing seat belts as one of nine affirmative defenses, the company set itself up for some nasty criticism. It came from several quarters, including from Tracy Morgan himself, who was seriously injured when a van he was riding in got hit by a Wal-Mart truck whose driver was allegedly sleep-deprived and driving 65 in a 45 mile per hour speed zone. Wal-Mart’s defense is garden variety personal injury defense, argues an attorney from Gallivan, White & Boyd, and the criticism is misplaced.