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

wrongful death lawsuit

“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:

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.

Tracy Morgan Fighting Traumatic Brain Injury After Car Accident

traumatic brain injury

Tracy Morgan May Not Be The Same Due to Traumatic Brain Injury Following Car Accident

traumatic brain injuryAttorney for comedian Tracy Morgan says his client is struggling to recover from a traumatic brain injury after his car accident involving a tractor trailer over the summer, and he may never be the same again.

Five months after the car accident with a tractor trailer working for Walmart, star of hit comedy series “30 Rock” may not have suffered just a broken nose, leg, and ribs, but also a traumatic brain injury.

The tractor trailer accident also killed one of Morgan’s friends and fellow comedian James McNair, who performed under the name Jimmy Mack.

“Mr. Morgan is a fighter,” Benedict Morelli, Morgan’s attorney, said in an interview. “He’s fighting to get better. And if there’s a chance for him to be back to the Tracy Morgan he once was, he’s going to try to do that. But we just don’t know because of the severity of the injuries that he sustained and the fact that he had such a severe brain injury.”

About 1 AM on Saturday, June 7th, Tracy Morgan’s limo van was hit by Roper’s truck on the New Jersey Turnpike. The collision killed one of Morgan’s fellow comedian passengers, James McNair, who performed under the name Jimmy Mack. Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident.

After Tracy Morgan filed a personal injury lawsuit against Walmart for negligence on the part of their employee, the company stated in September that the lawsuit was unfounded.

“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device,” Walmart’s court papers said.

On Tuesday, November 18th, Morelli and attorneys for Walmart met for a scheduling conference. Morelli stated the extent of Morgan’s injuries, including signs of what could be a traumatic brain injury, which could mean the comedian would never fully recover, continue his popular career, and would need a lifetime of medical attention.

“When you have a traumatic brain injury, it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was.”

The Strom Law Firm Can Help Traumatic Brain Injury Victims

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a:

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury.

If you or a loved one have suffered a traumatic brain injury as the result of an accident, defective product, or negligence, the Strom Law Firm can 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.

Hyundai Airbag Lawsuit Lands Traumatic Brain Injury Victim $14 Million

shutterstock_138514883Victim and His Family Awarded $14 Million After Traumatic Brain Injury Personal Injury Lawsuit

In 2010, then-16-year-old Zachary Duncan ran his car off the road and into a tree, causing a severe traumatic brain injury. He and his family sued Hyundai Motor Corp after the accident because the side airbags failed to deploy.

Now, the jury awarded the family $14 million in damages, because Hyundai’s vehicle was “unreasonably dangerous.”

According to news reports at from 2010, Duncan ran his car off the right side of the road when he sped up, trying to get around his friend’s car in front of him. Duncan hit a snow bank, rolled down the hill, and collided with a tree. The passenger in his Hyundai Triburon was fine, but Duncan slammed his head into the roof rail, causing traumatic brain damage.

In the last three years, Duncan has had to re-learn to walk and talk. He has a difficult time making eye contact. His parents have paid more than $100,000 for his medical expenses. During the lawsuit, his attorney claimed that the traumatic brain damage never would have occurred if the airbag sensor would have worked, and the side airbags deployed.

Hyundai has issued a series of recalls related to faulty airbag sensors. “Hopefully, this will cause automobile manufacturers to really make sure they’re putting safe vehicles on the road,” said Duncan’s attorney in his closing statements.

Hyundai Will Appeal Traumatic Brain Injury Lawsuit Verdict

Although Hyundai admits that there have been problems with airbag sensors in their vehicles, the company says that they disagree with the jury’s decision in the traumatic brain injury lawsuit, and they plan to appeal it.

“While we are sympathetic to this young man and his family, the facts are that (Zachary) Duncan rolled his car into a tree. The roof was crushed by the tree and impacted his head,” said Hyandai spokesman Jim Trainor. “No side airbag in the world would have prevented his injury.”

Hyundai discontinued making Triburons in 2008, and has issued recalls for Triburon model years 2003 to 2008 because of faulty airbag sensors. However, Trainor noted that 2008 model year Triburons – like the one Duncan drove – surpassed federal safety standards, and were awarded four stars in federal side impact crash tests.

The Strom Law Firm Can Help Traumatic Brain Injury Victims

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a:

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury.

If you or a loved one have suffered a traumatic brain injury as the result of an accident, defective product, or negligence, the Strom Law Firm can 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.

HS Athlete Dies from TBI

South Carolina Traumatic Brain Injury Lawyers

New York authorities in Homer, NY say a 16-year-old high school football player, who passed away after collapsing during a game, suffered bleeding in his brain, apparently from a helmet-to-helmet collision.

Cortland County Coroner Kevin Sharp says the athlete died from a massive traumatic brain injury, specifically a subdural hematoma.

The lineman for John C. Birdlebough High School in the Oswego County village of Phoenix was injured during Friday night’s game at Homer High School, which is south of Syracuse.

Authorities say he was able to sit up consciously after the play, but did complain of a headache and collapsed when he tried to stand.

The Coroner said there was no evidence of any pre-existing injury or condition that contributed to the teen’s death; the deadly injury was consistent with the helmet-to-helmet collision reported between Barden and another player.

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury. If you or a loved one have suffered a traumatic brain injury as the result of an accident, the Strom Law Firm offers a free, no-cost consultation to discuss the facts of your case.

By: Pete Strom, South Carolina Traumatic Brain Injury Lawyer

 

 

Dealing With A Traumatic Brain Injury

Traumatic Brain Injury

A family coping with a loved one suffering a traumatic brain injury is forced to deal with a lifelong, uphill battle that tests patience, devotion, and, very often, financial resources.

A victim of a car accident who is left with traumatic brain injury may never fully recover or regain the life they once had.

Without the calendar taped to the refrigerator in her parents’ kitchen, Kim Valentini wouldn’t know where her dad is. He doesn’t travel far and he isn’t hard to reach. Kim simply can’t remember from hour to hour — sometimes minute to minute — where he’s told her he’ll be. Continue reading “Dealing With A Traumatic Brain Injury”