Wednesday, October 01, 2014

Tracy Morgan Has Brain Damage - May Never Perform Again

It could be talk and bluster and an attempt to get back at Walmart for their actions, but an attorney for Tracy Morgan says the comedian suffered brain damage during the accident involving a Walmart truck and a van that killed Morgan's friend and left Tracy in the hospital for weeks. The lawyer said that Tracy is still going through rehab for speech and other cognitive things and that it is unclear whether the star will ever be able to perform again. See, he didn't say no, he just said the jury is still out which is also a subtle dig to Walmart that if this thing goes to a jury they are going to have Tracy there everyday looking right at the jurors and they are going to want to give him a ton of money if he really can't perform again. Until this thing settles there is no way that Tracy will perform even if he can because the money paid to him will be much more if he is unable to pull in the massive paychecks he was bringing in before.

70 comments:

Vera Christina said...

well, if he'd been wearing his seatbelt....

I'm so sorry Tracy. :(

FearN said...

Walmart, just settle already. Keep your name out of the tabloids for heavens sake.

jack ducky said...

Wearing a seatbelt doesn't really protect you when a big rig crashes into you.

All Lace no Leather said...

I assumed this might be the case since he hadn't made any public appearances to thank dampens, etc. Walmart is getting all sorts of bad press.

FearN said...

So, imma hijack this thread with Affleck's wang available for our viewing pleasure this Friday. Discuss.

Sincerely,Your Friend said...

But, if he'd been wearing his seatbelt he would have been abiding by the law. It's more diffict to seek compensation from someone because that someone wasn't (supposedly) abiding by the law when you, yourself, weren't either.
That's how I see the seatbelt issue here.

Evil Kumquat said...

Walmart HAS to play hardball because forcing their drivers to drive dangerously is part of their business model, just like using illegal tactics to fight unions and pay workers low wages.

If they settle with Morgan or go to court and lose, they may be forced to change their delivery practices.

Right now they are weighing whether it would be cheaper to just pay him off and go on with business as usual, or to fight it and be forced to change their way of doing things.

Personally, I can't stand Morgan, but fuck Walmart.

FearN said...

Is the law in requirement for backseat passengers to be wearing seat belts in that jurisdiction?

Kat has left the building said...

This is not the thread to hijack

FearN said...

Lol yeah pretty tasteless of me.

QueenAnne Guido said...

Jack, have you looked at any of the safety data on seat belts. CDC has a nice summary.

Yes, a seat belt would have helped. Which is why folks actoually went to bat to get these added to cars.

Im indifferent on the blame. Walmart needs to settle yesterday. One guy is dead.

Vera Christina said...

I only brought up the seatbelts because WalMart doesn't feel liable because he wasn't wearing one.

Not a huge TM fan, but this is terrible, no one should have to deal with this.

FearN said...

Accept my apologies folks!

Brenda L said...

Walmart needs to settle, but I do think the monetary award should take into account that he wasn't wearing a seatbelt. Instead of 100 million he only gets 75 million.

Kat has left the building said...

I hope it's not true and Tracy has a miracle recovery right after he wins a huge payout which he uses for nice causes -family stuff or charities or something to prevent overtired truck drivers which totally scare me!

CoBe said...

I doubt WalMart cares too much about bad press. They've been getting nothing else for years. But they still keep chugging away. They'll settle for sure, but it sounds like Morgan's attorneys are looking for all kinds of financial settlements. Had Morgan chosen to deal with WalMart directly, they'd likely have settled by now.

Additionally, Morgan's career was all but over. He said some horrible things and I don't know anyone who was going to see his shows. I doubt HE would have come back from that. I'd be really really interested to see what his lawyers are requesting as damages from someone who "can't work" anymore. They will have to list upcoming gigs and I doubt there were too many well paying ones.

Sucks to be Morgan when statistics are that at least one of the jurors on his panel will be gay.

Kat has left the building said...

Vera I thought u were joking about the seatbelt bc it was so tasteless of Walmart? Right?

Vera Christina said...

Right

0_0 said...

CoBe, stats that inflate those numbers are wishful thinking.

CoBe said...

I don't know--I haven't counted.

But the fact is that Morgan was not that popular and everyone was distancing themselves from him before this happened. And he can't use "brain damage" to get himself out of that one.

His lawyers are being greedy if WalMart hasn't settled. I'm sure they would have given a generous settlement to make this go away. I'm no WalMart fan, but they immediately offered compensation and paid all of the hospital bills. They never denied culpability.

discoflux said...

We established yesterday that seat belts are not required for passengers in limos and buses unless they are in the front/driver's seat. Limos generally don't even HAVE seat belts. And when was the last time you saw a seat belt on a bus? He and his passengers were not in violation of the law and if you look at the wreckage, a seat belt wasn't going to keep them from being crushed.

As someone stated yesterday, are we going to start blaming children on school buses if they're injured by an errant driver slamming into their school bus?

discoflux said...

And as for his waning career, not only could the brain damage eradicate any possibility of one, it is also detrimental to him obtaining gainful employment in other fields as well.

discoflux said...

And to all of that I'd like to add - FUCK WALMART.

rosie riveter said...

And perhaps sensitivity training for the gays?maybe this will re-wire his brain and help him to be nicer. Here's ta hopin

D Brown said...

Breaking you leg in an auto accident, where the other driver is at fault, is generally worth a couple of hundred thousand. I suspect that Morgan's lawyers have added two or three zeros to their claim. That is why there is no settlement.

auntliddy said...

Very sad. Walmart shld just settle, which is what i think they will do. And the rig driver shld sue their asses for making him drive in unsafe conditions

rosie riveter said...

I wonder how many people who say FuckWalmart shop there? Lots i bet.

discoflux said...

Well, Rosie, when it's late on a holiday and you need band aids or tampons, the sad fact is - they're the only place evil enough to be open. So yeah, I've been to walmart a couple dozen times in the last 15 years. Especially when I'm camping in a rural area that only has a walmart nearby.

Just because I'm forced on occasion to walk through their doors doesn't mean I'm not allowed to express disdain for their business practices.

LottaColada said...

Fuck Walmart

Haven't stepped foot in one since 2011.

Essie said...

This is all legal maneuvers on both sides. There will be a settlement. A very BIG settlement and everybody will be happy.

Everyone seems to be forgetting about the other people who were injured in this accident. And the dead man. Walmart doesn't want to go to trial on any of this. My thoughts... every claim will be settled before the end of this year.

CoBe said...

Bingo.

Trilby said...

+1.

FearN said...

Everyone's a hypocrite. No biggie, pretty normal to say you hate xyz but still interact with it. I hate Walmart but I sure as hell go there. I hated Chick Fila after their anti-gay but I still went there. Im not proud of my lack of conviction here. It is what it is.

Trilby said...

+1

rosie riveter said...

It was really just a question- i personally try to never shop there. But thats more because it depresses me and makes me sad. And truth be told, I dont even know much about walmart's practices. Ill have to read up, now im curious. Express Opinions Away, Disco! Thats what we're all here for, non¿

Trilby said...

+1. Me, neither. Dreadful place, greedy family.

discoflux said...

Rosie - Some friends of mine were involved in a documentary a while back called "WalMart: The High Cost of Low Prices." It's a pretty interesting documentary. Not only do they have terrible employment practices, they have terrible environmental practices, and their charitable contributions are laughable.

missbunny said...

Wal-Mart doesn't care about bad press, they seem okay having a bad rep because people that can boycott them do. The people that shop there can't afford not to (partially based on an economy of part time, no benefits labor that Wal-Mart perpetuates) Frankly, my dear lace, they don't give a damn!

Erica EastCoaster said...

+1

missbunny said...

I wrote a letter to the editor of Thrasher magazine a decade ago, pointing out that advertising for Wal-Mart was sacrilege and hurt the independent shops. It was published as the top letter for the next issue and they agreed (at least in the editor comments). It's funny because I have never before or since written a letter to a magazine, but seriously fuck Wal-Mart right?

Tina Mallette said...

There will be no settlement yet, it is far too early in the process and even the lawyers for Morgan et al would agree.

At this point they are just getting started. I forget there was a van involved as well. Now that the statement of claim and statement of defence are filed assuming no other issues arising out of those documents the next big thing is going to be the discovery process and there will be no settlement until they go through that. And lawyers for anyone hurt are going to want to make sure they have a clear future assessment for each of those people before they are going to settle.

The problem of tired truck drivers is not limited to Walmart, it is a problem with the whole industry whether truckers are self employed, employed by someone like Walmart or independent contractors.

When you deliver auto parts to the big auto manufacturers you have to get them there by X time or you get penalized because the auto companies now have just in time inventory - they do not carry any more inventory than they need for a few day's production so they save money on storage and they don't have to pay for the parts until they arrive. When you got border crossings that are backed up a lot of the time that just increases the stress on truckers.

The other issue is that there are not more stringent standards for those applying for trucker's licences.

We have an issue with immigrant drivers who do not seem to be up to date on truck safety. There is more stringent requirements for car driving licence and motorcycle licencing but not trucking and even the trucking industry agrees. The number of tractor trailor roll overs this year has increased exponentially and each time that happens it costs millions of dollars in lost productivity if the highway has to be closed.

In terms of pricing if everyone is happy to buy everything at higher prices then I am sure Walmart would go right out of business. Sic.

Brian said...

Comedians are suppose to get their brain damage from years of alcohol and drug abuse, not from a Wal-Mart semi...

SusanB said...

I haven't been in a Walmart for about 15 years because of their practices (I do like Target, though). I DID have to go into Walmart about a year ago to take pictures of a place where there was a slip and fall and I bought some produce as a cover (I needed the lettuce and tomatoes anyway).

rosie riveter said...

Off to Google! I'm afraid what I'll find- probably a pile I don't want to step in- ignorance IS bliss. I actually supported WM yesterday in a post, but ONLY because i have personal friends and clients that, if not for Wal-Mart, would not have a job. And looking at it from THAT perspective it has been positive. Please consider NOT calling me a piece of shit. At least not {this}time. Its getting annoying ;)

Tina Mallette said...

You'd think Enty the lawyer would know the process of how civil litigation evolves which is slowly at the best of times and even more slowly with so many parties involved here.

Tina Mallette said...

Susan do you really think Target operates much differently that Walmart?

Well they are not as smart since their Canadian roll out was executed very poorly.

Sincerely,Your Friend said...

Good question. I know it is here in Cali, but I'll have to check.

__-__=__ said...

Aren't Sams and Home Depot also owned by Walmart? I avoid Walmart but have to go once or twice a year.

auntliddy said...

Fear-dont shop walmart or hobby lobby. No chick fila either. I just cant do it.

Ms B'have said...

How sad! I love Tracy Morgan, he was such a funny man. Wish he and his family all the best. Once again F@#! Walmart!

Vera Christina said...

this headline is perfect

http://www.thesuperficial.com/tracy-morgan-walmart-seat-belt-lawsuit-car-accident-10-2014?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+thesuperficial%2FSNxk+%28The+Superficial+-+Because+You%27re+Ugly%29

Zilla3 said...

While I think Walmart is liable, I don't buy this brain damage story, something would have come out about it before. And I suspect if Morgan's lawyers get the settlement they want, he would be miraculously mentally recovered almost immediately after the settlement was paid in full.

Gayeld said...

Sam's is. I think Home Depot would be doing better if it was running by Wal-Mart.

FS said...

I do not shop at Walmart or Sam's Club, or Hobby Lobby or Chick Fil A. As far as I know, Home Depot is not owned by the Walton family hellhole.

Target is not like Walmart. Yes, most of their workers make minimum wage to start, but their business model is different. The main difference is the number of stores and the influence they have in certain areas. I would rather pay 3 times as much for a bandaid or tampons at a gas station or 7/11 than go to Walmart, but that's just me.

One thing you might find about WM if you research them is their resistance to assisting local law enforcement when crimes happen on their properties. They have cameras all over their stores, inside and out, but they don't hand over their security tapes and they actually attempt to resist/appeal court orders and subpoenas for those tapes. They always claim that giving up the film would be a breach of their security practices. There have been rapes, carjackings, murders in their stores/parking lots and they do very little to help solve those crimes. Case in point, the black man that was killed recently just for holding a toy gun in a Walmart. They are a HORRIBLE company, in my opinion, based on my humanist values. To each their own.

Shorter version, yeah, fuck Walmart.

Prunella Buggerweeds said...

It's not that Walmart doesn't feel liable because of the seatbelts, it's that they feel their liability should be REDUCED because of the seatbelts.

If Tracy Morgan has permanent damage and will lose future income over this accident, and if he had been wearing a seat belt, then WalMart would be on the hook for every penny of that future income.

If, however, WalMart can convince a jury that Tracy Morgan's injuries would not have been that serious if he had been wearing a seatbelt, then they'll only be on the hook for whatever injuries he WOULD have had.

Obviously this is an extremely difficult case to prove one way or the other.

WalMart knows they're going to have to pay something. They are just maneuvering to pay less.

And I might add, they're doing it in court filings, not in the court of public opinion. Somebody got hold of the filings and released them which is why we're talking about this.

Their reputation is probably not going to suffer that much - and their bottom line not at all - do you see people not shopping there because they're vigorously defending a liability lawsuit?

My guess, totally uneducated guess btw, is that both sides are maneuvering for a settlement and this is psychological warfare to move the goalposts ($$$).

I doubt either side - especially WalMart - wants this to go to a jury trial.

Missyrocks53 said...

This is defense law 101. Blame the victim. I'm in the field and believe me, standard playbook. The issue is the law where the accident occurred. Are seatbelts required in that state? And then they'll have experts testify, if it gets that far, that had he been belted, the damage would've been less thereby making him partially negligent for his own injuries.

DixieTheNoble82 said...

I say fuck Wal-Mart & wouldn't go in the most desperate of sutuations....but it has nothing to do with this.(I just REALLY hate Wal-Mart) And @auntlicky - I wish I could quit Chick-fil-A but it's so damn good. Me and my wife like to thank them for their continuing suport. ;^)

Heidi Haaland said...

Walmart is emblematic of everything that is wrong with business practices in this country and I'm pretty sure that if Carrie Underwood or similar had been injured in this accident, they'd be dealing with it very, very cautiously. Anyway, Fuck Walmart! Haven't set foot in one since...I dunno...the 90s?

Alexa Rose said...

Walmart is on par with the devil in my book. The owners and CEO's are evil.

beeharbour said...

It is unfortunate but I'm aware of more than one person who was denied insurance money from accidents that were 100% the other drivers fault because they were not wearing seatbelts and these were folks who needed money more than Tracey Morgan. This could actually fly for Wal-Mart.

Aeol said...

All of this

Aeol said...

***slow clap***

Aeol said...

I haven't shopped at Walmart since Bonnaroo 2004, as Manchester TN has, like many sad depressing towns, been wiped clean of local businesses and offered little to no alternatives. Fuck Walmart, I do not go there.

Aeol said...

2004 here!!

MinPinGirl said...

This is the absolute first I've heard about any brain damage. Seems odd that after all this time it's only now coming to light. Not sure I buy this line myself. Sounds like lawyer blackmail bullshit to me. Brain damage would have been the FIRST thing I'd expect to hear if that's what truly happened. Lawyers on both sides are no doubt lying their asses off for the $$$ gain of their client. Don't know who to believe anymore.

Prunella Buggerweeds said...

@MinPinGirl just because YOU haven't heard about it doesn't mean the two parties and their lawyers haven't. And if he doesn't have brain damage that's not lawyer blackmail, that's a soon-to-be-failed bluff and I doubt his lawyers would bluff about something like that.

IF the subject of brain damage has come up and IF it came from his side, then they probably AT LEAST have an expert (neurologist, whatever) who is willing to testify that yes, he has brain damage and it's likely to be permanent.

But we don't know the source of the rumor.

MinPinGirl said...

@Prunella all I'm saying is - the news is always ready, willing and able to report the details of everything and it seems that brain damage would beat out injured legs everytime for the first thing they'd report. I have no personal knowledge of any of it all I'm saying is I never heard the phrase brain damage until after Walmart stone walled whatever amount was being bandied around. I hope he's not brain damaged. I also know how Hollywood and lawyers have been known to exaggerate for their own benefit. I'm not cheering for or against anyone or thing here. Just making an observation. They sure as shit aren't talking too much about the other folks hurt or killed with this much concern (also just an observation). That is all.

CoBe said...

Prunella,

They are going to have a tough time after Tracey released his own video disputing the seat belt thing. If he has the mental capacity to write a rebuttal to an allegation, videotape it, and put it on the internet, he likely doesn't have severe brain damage.

Lawyers will also have to prove that he didn't have any brain damage BEFORE or that his existing brain damage was not caused by drugs and alcohol.

Tracey's never been the epitome of what most people would call sane.

Prunella Buggerweeds said...

@CoBe,

Hee! I didn't know Tracey put out a video. And yes, pre-accident Tracey seemed pretty darned out of it unless that was an act.

And this is why lawyers don't like their clients opening their mouths on social media.

@MinPinGirl, all I meant to say is that believe it or not, not every detail of a legal case is argued in the media so it's likely that a lot of stuff is going on behind the scenes that we haven't heard about.

MinPinGirl said...

I also confess that the only reference to the behavior of Tracey Morgan is his "crazy" alter ego Tracey JORDAN. For some reason I always thought Tina Fey based that character more than a little on the real Tracey Morgan. Once again I freely admit I have no facts to back this up, just got this notion from watching too much 30 Rock.

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