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Settlement Talks Begin in Comedian’s Wrongful Death Lawsuit Tied to Tracy Morgan Walmart Crash

“Jimmy Mack” Family Begins Settlement Talks in Wrongful Death Lawsuit Filed After Tracy Morgan Walmart Car Accident

wrongful death lawsuitIn June of last year, comedians Tracy Morgan and James “Jimmy Mack” McNair were involved in a severe car accident with a Walmart truck, which killed McNair and left Morgan with a serious traumatic brain injury.

About 1 AM on Saturday, June 7th, 2014, Tracy Morgan’s limo van was hit by a Walmart truck on the New Jersey Turnpike. McNair died in the car accident, and Morgan was hospitalized with a broken nose, broken ribs, broken leg, and a traumatic brain injury that left him spending at least 5 months at a skilled nursing facility undergoing physical therapy. Morgan reportedly still suffers physical and mental difficulties due to the tractor trailer accident.

Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident. Morgan and McNair’s family filed separate lawsuits – Morgan filed a personal injury lawsuit against Walmart for negligence, and McNair’s family filed a wrongful death lawsuit against the retail giant.

The 62-year-old McNair grew up with Morgan in Peekskill, NJ, and was a friend and mentor for decades.

Although Walmart refutes the validity of Morgan’s personal injury lawsuit, the retailer reportedly has begun settlement talks in the wrongful death lawsuit for McNair, which involved McNair’s two children – 26-year-old Jamel, and 19-year-old Danita.

“Nothing will bring back their father,” the family’s attorney said. “But this settlement takes care of them and allows them to carry on their father’s legacy.”

“You don’t have to be a celebrity to make a difference in a lot of people’s lives,” Jamel McNair said. “My dad made a huge difference in a lot of people’s lives.

The terms of the wrongful death lawsuit settlement have not been publicized, and so far Tracy Morgan has not commented on Walmart’s offer. When Morgan filed his own personal injury lawsuit last November, the retailer tried to blame the accident on Morgan and McNair, claiming that their limousine was erratic or dangerous in some way. However, criminal filings against Roper, the tractor trailer driver, allege that he was driving between 60 and 65 miles per hour on the New Jersey Turnpike, which normally has a speed limit of only 55 mph, and at that time had reduced the speed limit to 45 mph due to construction.

“After I heard what Walmart said in court I felt I had to speak out,” Morgan said after the personal injury filing. “I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”

The Strom Law Firm Can Help You with Your Wrongful Death Claim

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A South Carolina wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be awarded money for damages; money that can help with the expenses caused by the loss of their loved one.

Common wrongful death claims arise as a result of a:

  • tractor trailer accident,
  • automobile accident,
  • burn injury,
  • brain injury,
  • motorcycle accident,
  • construction site accident,
  • defective product,
  • toys or childrens’ product,
  • medical malpractice claim,
  • nursing home neglect and abuse, or an
  • injury sustained while working on the job.

A South Carolina wrongful death lawsuit seeks compensation for:

  • medical bills and funeral expenses
  • loss of income
  • loss of consortium and loss of support.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and discourage others from engaging in such behavior.

If a loved one is the victim of a wrongful death, through no fault of your own, we may be able to help. We understand the emotional and financial impact of serious personal injuries. Our firm offers free consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.

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