TV funnyman Tracy Morgan is suing retail giant Walmart following the car crash last month (Jun14) that left him in intensive care.
Walmart truck driver Kevin Roper is accused of falling asleep at the wheel and causing a multi-vehicle accident when he slammed into the back of Morgan's limousine in New Jersey, killing Morgan's colleague James 'Jimmy Mack' McNair and hospitalising several others.
The lawsuit, filed in New Jersey on Thursday (10Jul14), alleges the company should have known Roper had been awake for more than 24 hours and that his drive from Georgia, where he lives, to work in Delaware was "unreasonable".
The suit reads, "Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation."
The plaintiffs, which also include Morgan's assistant Jeffrey Millea and comedian Ardie Fuqua, who were also injured in the crash, are seeking damages, legal fees, and pre- and post-judgment interest.
The 30 Rock star was moved to a rehabilitation facility last month (Jun14) after his condition was upgraded from critical to fair.
Roper has pleaded not guilty to charges of vehicular homicide and assault by auto.