Tracey Morgan was severely injured in a truck accident on the New Jersey Turnpike last June and has since filed a lawsuit against Walmart, owner of the truck, for negligence. Now, Morgan’s lawyers are accusing Walmart of attempting to postpone resolution of the claims against it by delaying discovery. Last month, the driver of the truck, Kevin Roper, attempted to intervene in the lawsuit and delay the outcome of the civil action until his own criminal case is resolved. The criminal complaint against Roper claims he had not slept for 24 hours before the early morning crash. Roper is not a defendant in the civil lawsuit.
According to NJ.com, Morgan’s lawyers filed documents in U.S. District Court on Monday opposing Kevin Roper’s attempt to delay pre-trial discovery in the truck accident civil suit.
“The continuation of discovery and the ultimate outcome of discovery matters would impact the constitutional rights of Roper because it would be a de facto additional forum through which the criminal prosecution could obtain evidence for use in the criminal trial against Roper,” attorney David Jay Glassman wrote.
Morgan’s lawyers argue that delay would “put off measures needed to insure such a truck accident doesn’t happen again.” Morgan alleged in his lawsuit that Walmart failed to prevent driver fatigue and to properly maintain the truck involved in the collision.
“Walmart’s practices place drivers and passengers on America’s roadways in great danger of suffering similar fates to the victims in this accident: serious injury or death,” Morgan’s lawyers write. “Therefore, the public has a great interest (in) discovery in this case proceeding expeditiously so that Wal-Mart’s alleged trucking practices will be uncovered and hopefully made safer going forward.”
“Once it was clear that Wal-Mart would no longer be able to use the NTSB investigation as a delay tactic, the instant Motion to Intervene for the Purposes of Requesting a Stay was filed in short order,” Morgan’s lawyers write.
“WalMart should not be permitted to use Mr. Roper’s criminal proceedings as a shield in a civil suit,” they added.
“Walmart drivers drive over 713 million miles per year, making deliveries to 4,000 stores annually,” Morgan’s lawyers write. “It is believed that Walmart systematically engages in unsafe trucking practices, including, but not limited to having its drivers commute unreasonable distances to work immediately before their shifts and without rest.”
If you or a loved one has been involved in a truck accident, you may have legal recourse. To learn how our experienced truck accident attorneys may be able to help you recover compensation for your losses, please call The Lambert Firm today at 1-800-521-1750.