San Francisco Injury Lawyer Blog
According to the Washington Post, comedian Tracy Morgan has reached a settlement with Wal-Mart after last year’s accident. In June of last year, Mr. Morgan was in a limo bus on the New Jersey Turnpike that was rear-ended by a WalMart tractor-trailer. The accident killed one passenger in the bus – comedy writer James McNair – and left Mr. Morgan with broken bones among other injuries. Mr. Morgan filed a personal injury suit against Wal-Mart in July, and Wal-Mart had originally attempted to avoid liability by claiming that Mr. Morgan was not wearing a seat belt. The driver of the tractor-trailer, who was employed by Wal-Mart, had not slept for over 24 hours before the accident.
Employer Liability
In Tracy Morgan’s lawsuit, Wal-Mart’s liability was asserted based on the doctrine of Respondeat Superior. Respondeat Superior is a legal theory that allows for an employer to be held liable or responsible for the tortious acts of an employee, if the employee’s acts within the scope of their employment.