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(Time)   "Dear Tracy Morgan, we are really, really, really, REALLY sorry one of our trucks killed your friend and almost killed you. Please be gentle." Signed - Walmart, soon to be known as Tracymart   (time.com ) divider line
    More: Followup, Internet Explorer  
•       •       •

12053 clicks; posted to Main » on 12 Jul 2014 at 4:49 PM (1 year ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-07-12 03:59:32 PM  
As a guy who was once rear-ended by a 16 wheeler on the highway, I wish Tracy luck and hope he kicks their ass.

/Guy who rear-ended me tried to blame me to the cops while I was still dazed from getting hit.
 
ZAZ [TotalFark]
2014-07-12 04:19:42 PM  
It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.
 
2014-07-12 04:24:21 PM  
Is Walmart spending more time oiling the record-shredder or more time polishing the bus they'll be throwing the driver under?
 
2014-07-12 04:25:51 PM  

ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.


I would guess a lot higher, but still not enough to be more than a rounding error of a rounding error on Walmart's books. Their insurance probably won't even go up.
 
2014-07-12 04:28:36 PM  

Mr. Coffee Nerves: Is Walmart spending more time oiling the record-shredder or more time polishing the bus they'll be throwing the driver under?


They don't have to do anything more than what they're doing now: cooperating with the investigation. Truck driver is screwed, and probably deservedly so.
 
ZAZ [TotalFark]
2014-07-12 04:41:45 PM  
oiling the record-shredder

The only thing they would need to cover up is evidence that would persuade a jury to award punitive damages. An accident caused by a company driver in a company truck on company business is the company's fault. They won't get out of that.
 
2014-07-12 04:52:24 PM  
Well, you know walmart. They'll settle first, then try to roll back the price
 
2014-07-12 04:53:10 PM  
Damn, dude must have gotten screwed by the 30 Rock execs
 
2014-07-12 04:54:01 PM  
Liability insurance will be writing Tracy a check, not Walmart
 
2014-07-12 04:54:34 PM  
I doubt the Walton's are worried about losing their stake in Walmart. Morgan may get a few hundred thousand (if he's lucky) and that'll be the end of it.
 
2014-07-12 04:54:55 PM  
At first I was like go Tracey, then I thought whatever he takes them for will still be drops in the bucket to those cacksuckers.
 
2014-07-12 04:57:28 PM  

Mitch Taylor's Bro: ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.

I would guess a lot higher, but still not enough to be more than a rounding error of a rounding error on Walmart's books. Their insurance probably won't even go up.


I'm pretty sure they are self insured.
 
2014-07-12 04:57:57 PM  
What company made the truck, he should be suing them.
 
2014-07-12 04:59:19 PM  

ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.


Tracy will be lucky if Walmart doesn't come to the hospital to finish the job.
A'la The Girl W/ The Dragon Tatoo, or The Dogfather
 
2014-07-12 04:59:25 PM  

ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.


I'm assuming that it will be to first blood; as lawyers don't often fight to the death.
 
2014-07-12 05:00:55 PM  
Walmart's insurance will be going up but I'm sure it won't have any affect on executive salaries, which is the important thing.
 
2014-07-12 05:01:37 PM  

LeroyBourne: At first I was like go Tracey, then I thought whatever he takes them for will still be drops in the bucket to those cacksuckers.


Still, it's the principle of the thing, and another stain on Walmart's hands. So, you know, go Tracey.
 
2014-07-12 05:01:37 PM  
Figures Wal Mart would be driving 20 MPH over the limit.

Wut? It was a Wal Mart truck driven by someone else?  Oh.
 
2014-07-12 05:06:37 PM  

Canton: LeroyBourne: At first I was like go Tracey, then I thought whatever he takes them for will still be drops in the bucket to those cacksuckers.

Still, it's the principle of the thing, and another stain on Walmart's hands. So, you know, go Tracey.


Yeah, it's not like I need another reason to never go there.  Still, I think the dead guy's family has a better shot at putting a dent in their wallets.
 
2014-07-12 05:06:40 PM  

TommyymmoT: Mitch Taylor's Bro: ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.

I would guess a lot higher, but still not enough to be more than a rounding error of a rounding error on Walmart's books. Their insurance probably won't even go up.

I'm pretty sure they are self insured.


Well, still, I'm going to bet that even a few hundred million payout won't dent their earnings much and it'll make the PR nightmare go away quickly.
 
2014-07-12 05:08:04 PM  
Conservatives will be outraged by this assault on a Real American corporation.

Ha ha, just kidding, they were desperately taking Walmart's side immediately after the accident.

Tucker Carlson Defends Driver In Tracy Morgan Crash, Doesn't Think Sleep-Driving Is Reckless
 
2014-07-12 05:08:32 PM  
Litigious POS.
 
2014-07-12 05:08:56 PM  

ZAZ: oiling the record-shredder

The only thing they would need to cover up is evidence that would persuade a jury to award punitive damages. An accident caused by a company driver in a company truck on company business is the company's fault. They won't get out of that.


Yep.  The technical term is vicarious liability.
 
2014-07-12 05:09:07 PM  

Mr. Coffee Nerves: Is Walmart spending more time oiling the record-shredder or more time polishing the bus they'll be throwing the driver under?


... how is it anyone else's fault?
 
2014-07-12 05:10:32 PM  
Mormart has a better ring to it.
 
2014-07-12 05:10:35 PM  
Here comes The people v. The Funcooker.
 
2014-07-12 05:11:23 PM  
When this is over, he'll never have to worry about holding down a REAL job the rest of his life.
 
2014-07-12 05:15:45 PM  

ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.


They are suing Wal Mart because the truck was probably only carrying $1 Million in liability insurance.  The death claim will exhaust that policy.

/Rear ended by an 18 Wheeler owner/operated, overtime, speeding, 1000 feet of visibility to the construction zone the reason for the back up, he never touched his brakes. 9 cars involved 2 deaths, truck driver charge with 2 counts of manslaughter, $1 million to go around I had to collect on my uninsured policy to the tune of $40,000 to pay off my totaled vehicle and pay my medical expenses.
 
2014-07-12 05:15:56 PM  
Haw many lawsuits are filed against Walmart every day? Twenty? Fifty?
 
2014-07-12 05:16:15 PM  
I can imagine that the stampede of lawyers to his hospital must have been deafening
 
2014-07-12 05:18:00 PM  
Gotta pay those medical bills. Even if you're rich it's gotta hurt the wallet
 
ZAZ [TotalFark]
2014-07-12 05:20:54 PM  
Yogimus

It is important to Walmart that a jury not think the company encouraged the driver to stay up for 24 hours. I'm sure their truck routing software is in order and compliant with federal hours in service rules. Fleets are likely to keep drivers on a leash. (This is why you sometimes read about truckers calling for more regulation; those are fleets trying to regulate away competition from independent drivers.) But, the plaintiff's lawyers hope, there might be a smoking gun email where a manager says "that Kevin is always tired wouldn't it be funny if he killed somebody LOL."
 
2014-07-12 05:20:56 PM  

ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.


Im pretty sure Tracy will be able to get 7 figures. He will have a pretty good case for lost wages. I hope he can work again, but I cant imagine he will ever be the same.
 
2014-07-12 05:21:13 PM  

Yogimus: ... how is it anyone else's fault?


There could be a question of coercion to break the rules.

I am not saying it's a fact. I have no idea. But the argument could be made.
 
2014-07-12 05:21:18 PM  

jaytkay: Conservatives will be outraged by this assault on a Real American corporation.

Ha ha, just kidding, they were desperately taking Walmart's side immediately after the accident.

Tucker Carlson Defends Driver In Tracy Morgan Crash, Doesn't Think Sleep-Driving Is Reckless


"If it had been Jack McBride the Obama death panel would've already killed him. But Tracy Morgan?? Oh no! Only the best organs harvested from vet's will do!!"
 
2014-07-12 05:21:50 PM  

Tom_Slick: ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.

They are suing Wal Mart because the truck was probably only carrying $1 Million in liability insurance.  The death claim will exhaust that policy.

/Rear ended by an 18 Wheeler owner/operated, overtime, speeding, 1000 feet of visibility to the construction zone the reason for the back up, he never touched his brakes. 9 cars involved 2 deaths, truck driver charge with 2 counts of manslaughter, $1 million to go around I had to collect on my uninsured policy to the tune of $40,000 to pay off my totaled vehicle and pay my medical expenses.


Not that I'm a fan of walmart, but it isn't like the walton family ran this guy down. The guy was within his hours, licensed, etc. They will need to show walmart did more than have their name on the side of the truck, such as have a working environment that made this guy fear for his job in a way that caused him to speed, or be short on sleep.
 
2014-07-12 05:21:59 PM  
He's probably self insured (Morgan), or through his Agency.   2 Weeks in ICU and an a few weeks in a Physical Rehab facility get expensive quick, plus all the PT and Counseling afterwords. Gotta pay medical bills somehow, if he didn't sue then his insurance would have.
 
2014-07-12 05:26:20 PM  
Somebody's gonna get Walmart pregnant!
 
2014-07-12 05:27:30 PM  
How can a "legal fiction" be responsible for individuals' behavior? The corporation wasn't driving that truck, a human being was. The corporation qua entity doesn't even exist. How can you sue a non-existent thing?
 
2014-07-12 05:28:01 PM  

scotchcrotch: Liability insurance will be writing Tracy a check, not Walmart


Not if they can prove Wal-Mart policy was to deprive drivers sleep and make them work too long.
 
ZAZ [TotalFark]
2014-07-12 05:28:20 PM  
Tom_Slick

According to the CNN story the driver is a Walmart employee. That makes Walmart liable to the extent the employee is liable.
 
2014-07-12 05:28:25 PM  
Know how I know you don't know anything about respondeat superior?
 
2014-07-12 05:30:23 PM  

B.L.Z. Bub: How can a "legal fiction" be responsible for individuals' behavior? The corporation wasn't driving that truck, a human being was. The corporation qua entity doesn't even exist. How can you sue a non-existent thing?


You are saying was - mart doesn't exist?
 
2014-07-12 05:30:30 PM  

Cake Hunter: Here comes The people v. The Funcooker.


Uh oh. It's farting!
 
2014-07-12 05:31:56 PM  
Has anyone heard how Tracy's doing?  His twitting/facepage is kind of useless.  Hope he's recovering quickly.

The world needs all of its funny people.
 
2014-07-12 05:33:22 PM  

ZAZ: Tom_Slick

According to the CNN story the driver is a Walmart employee. That makes Walmart liable to the extent the employee is liable.


I am honestly surprised by that. Considering how much Wal-Mart throws costs back on to their vendors I figured they would have third party drivers for exactly this type of situation.
 
2014-07-12 05:33:44 PM  

B.L.Z. Bub: The corporation qua entity doesn't even exist. How can you sue a non-existent thing?


I see you are unfamiliar with the the Roberts court.
 
2014-07-12 05:35:32 PM  
Pretty easy case since ALL Walmart trucks have GPS tracking that knows speed and where they are at for logistics.
 
2014-07-12 05:35:39 PM  

LineNoise: Tom_Slick: ZAZ: It's a routine lawsuit, not a billion dollar payout. An insurance company is not rushing to settle because there is a legitimate dispute over the value of the case. This lawsuit will probably be settled for six figures after ritual combat by the lawyers. Add in the dead guy and property damage, and the total from the crash comes out seven figures.

They are suing Wal Mart because the truck was probably only carrying $1 Million in liability insurance.  The death claim will exhaust that policy.

/Rear ended by an 18 Wheeler owner/operated, overtime, speeding, 1000 feet of visibility to the construction zone the reason for the back up, he never touched his brakes. 9 cars involved 2 deaths, truck driver charge with 2 counts of manslaughter, $1 million to go around I had to collect on my uninsured policy to the tune of $40,000 to pay off my totaled vehicle and pay my medical expenses.

Not that I'm a fan of walmart, but it isn't like the walton family ran this guy down. The guy was within his hours, licensed, etc. They will need to show walmart did more than have their name on the side of the truck, such as have a working environment that made this guy fear for his job in a way that caused him to speed, or be short on sleep.


I'm not saying they will win I'm just saying why they are suing, Wal Mart has the deep pockets and semis don't carry nearly enough insurance. in my situation the insurance money was all that was available and I got screwed to the tune of $40,000 for being the least injured.

ZAZ: Tom_Slick

According to the CNN story the driver is a Walmart employee. That makes Walmart liable to the extent the employee is liable.


I'm genuinely surprised they don't have some kind of shell corp set up to protect them from this kind of liability.
 
2014-07-12 05:38:50 PM  
Only thing that Wal-Mart MIGHT pay is an increased insurance premium.
 
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