Tracy Morgan’s civil lawsuit against Walmart over the June 2014 New Jersey Turnpike crash ended in a confidential settlement announced on May 27, 2015. Media reports pegged the payout at roughly $90 million, but Morgan’s lead attorney, Benedict Morelli, said that figure was “not even close to the number” and would not say whether the actual amount ran higher or lower.1People. Tracy Morgan Lawyer Blocking Testimony in Walmart Insurance Dispute The exact number remains sealed.
The Crash Behind the Lawsuit
Shortly before 1 a.m. on June 7, 2014, a Walmart tractor-trailer driven by Kevin Roper, 35, rear-ended a chauffeured limousine van on the New Jersey Turnpike near Cranbury. The impact pushed the limo into other vehicles and caused it to roll. Six vehicles and 21 people were involved in the pileup.2American Academy of Sleep Medicine. Drowsy Driving Was Probable Cause of Accident That Injured Comedian Tracy Morgan
Comedian James “Jimmy Mack” McNair, a longtime friend of Morgan’s, was killed. Morgan suffered broken ribs, a shattered femur, fractures to every bone in his face, and a severe traumatic brain injury, and was left in critical condition. Three other passengers were seriously hurt.3ABC News. Walmart Driver Awake 28 Hours Before Tracy Morgan Crash
Why Walmart Was Liable
The National Transportation Safety Board determined that driver fatigue was the probable cause. Roper had been awake for more than 28 hours by the time of the crash. Before reporting for his Walmart shift at a distribution center in Delaware, he had driven roughly 800 miles overnight from his home in Georgia without sleeping.2American Academy of Sleep Medicine. Drowsy Driving Was Probable Cause of Accident That Injured Comedian Tracy Morgan At the moment of impact he was in the 13th hour of a 14-hour shift and had slept, at most, four hours out of the previous 33.4Coluccio Law. 6 Important Details From NTSB Report on Tracy Morgan Truck Crash
Traffic in an active construction zone had slowed to less than 10 mph. Roper’s truck was moving at 65 in a 45 mph zone. The NTSB concluded that fatigue “diminished his awareness” and that he failed to slow for the vehicles ahead; had he been at or below the speed limit, he would have had enough time to stop.4Coluccio Law. 6 Important Details From NTSB Report on Tracy Morgan Truck Crash
One wrinkle shaped the civil case. Roper was technically within federal hours-of-service rules for his shift, which capped drivers at 14 hours with a 30-minute break every eight and required 10 consecutive hours off-duty between work periods.5Material Handling 247. Truckers Highlight Regulatory Fatigue Issues After Tracy Morgan Crash Walmart maintained Roper had complied. The NTSB noted the obvious gap: those rules “cannot address what drivers do on their own time.”6Trucking Info. Driver Awake Over 28 Hours in Tracy Morgan Accident
The Lawsuit and Settlement
On July 10, 2014, about a month after the crash, Morgan and fellow passengers Ardley Fuqua Jr., Jeffrey Millea, and Krista Millea filed suit against Walmart in U.S. District Court in New Jersey.7PBS NewsHour. Tracy Morgan Sues Wal-Mart Over N.J. Crash The complaint alleged negligence, arguing that Walmart knew or should have known Roper had been awake for over 24 hours and that his 700-mile commute was unreasonable. It sought punitive and compensatory damages based on “gross, reckless, willful, wanton, and intentional conduct.”8Jacksonville.com. Former Saturday Night Live Star Tracy Morgan Sues Walmart Over Crash
The parties filed a confidential settlement in federal court in Newark on May 27, 2015.9NPR. Tracy Morgan, Wal-Mart Settle Lawsuit Over Truck-Limousine Crash The $90 million figure came from news outlets, not from either side. Morelli said he had “personally negotiated the settlement directly with Walmart” and that Morgan “had nothing to do with it.” He added he was “pleasantly surprised that Walmart stepped up to the plate” and took “full responsibility.”10MSNBC. Tracy Morgan’s Lawyer After Walmart Settlement: Actor Has New Lease on Life
Walmart U.S. President and CEO Greg Foran said the company was “deeply sorry that one of our trucks was involved.”11ABC News. Tracy Morgan Crash: Walmart Agrees to Settle Civil Lawsuit Morgan said Walmart “did right by me and my family, and for my associates and their families.”9NPR. Tracy Morgan, Wal-Mart Settle Lawsuit Over Truck-Limousine Crash
The Insurer Fight That Followed
The deal did not end the litigation. Two of Walmart’s insurers, Ohio Casualty and Liberty Insurance Underwriters, later challenged the payout, alleging Walmart had relied on exaggerated injury claims when agreeing to the amount. They sought to compel Morgan to sit for a seven-hour deposition. Morelli opposed the effort, arguing Morgan had “nothing relevant” to add and vowing to “do every single thing in my power to block that.”12CBS News. Insurers Challenge Walmart Tracy Morgan Accident Settlement
The McNair Family’s Separate Settlement
James McNair’s family reached its own agreement with Walmart before filing a lawsuit. Attorney Daryl Zaslow, representing McNair’s children Jamel, 26, and Denita, 19, announced the settlement in January 2015.13CBC News. Tracy Morgan Crash Lawsuit: Family of Dead Comedian James McNair Settles Court documents filed the following month in Surrogate’s Court in Westchester County, New York, put the amount at $10 million. Part of the money was structured as annuities providing the children with monthly payments, starting at $3,000, for life.14Las Vegas Sun. Kids of Man Killed in Crash That Hurt Tracy Morgan Get $10M Walmart admitted no liability.15ABC 7 NY. Terms Detailed of Wal-Mart Settlement With Family of Man Killed in Tracy Morgan Crash
What Happened to the Driver
Kevin Roper was charged in New Jersey state court with vehicular homicide, aggravated manslaughter, and aggravated assault, and initially pleaded not guilty.16NBC News. Walmart Driver Kevin Roper Pleads Not Guilty in Tracy Morgan Crash He had no prior criminal record.17ABC News. Walmart Driver in Tracy Morgan Crash Accepts Plea Deal
On November 29, 2016, Middlesex County Superior Court Judge Michael Toto approved a plea deal. Roper pleaded guilty to one count of vehicular homicide and four counts of aggravated assault and was admitted to a pretrial intervention program, a diversion track available to first-time offenders in New Jersey.18ABC 7 NY. Ex-Walmart Truck Driver in Tracy Morgan Crash Takes Plea Deal He was required to complete 300 hours of community service and meet other conditions over three years. If he satisfied those terms, the charges would be dismissed and he would avoid both prison and a criminal record.17ABC News. Walmart Driver in Tracy Morgan Crash Accepts Plea Deal
Where Morgan Is Now
Morgan was in a coma for roughly two weeks and blind for a week after waking. He spent five months in a wheelchair and went through extensive rehabilitation at the JFK Johnson Rehabilitation Institute in Edison, New Jersey, relearning how to speak and walk.19People. Tracy Morgan Reflects on Fateful Accident 10 Years Later He has said the brain injury left him with depression, anxiety, and mood swings that outlasted the physical healing.
He set a goal of walking down the aisle without a cane for his 2015 wedding and made it. That October, he returned to host Saturday Night Live.20ABC News. Tracy Morgan Tells Barbara Walters How He Recovered From Deadly Car Crash On the 10th anniversary of the crash in June 2024, he offered a public statement of forgiveness: “To the driver that night and his family, me and my comrades forgive you.”19People. Tracy Morgan Reflects on Fateful Accident 10 Years Later