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Walmart is firing back at Tracy Morgan in new legal documents claiming that the comedian is at fault for not wearing a seatbelt during his car accident in June. Morgan was hit by a Walmart truck driver, leaving him in critical condition. He filed a suit against the superstore giant in July.

The company has now responded to Morgan’s lawsuit, claiming that the injuries he and his party faced could have been avoided if they were wearing seat belts.

On Monday, Walmart delivered its answer in a New Jersey federal court to 30 Rock actor Tracy Morgan’s lawsuit arising from a six-car accident on the New Jersey Turnpike. Among nine affirmative defenses, Walmart says that injuries “were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.”

“By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” states Walmart’s answer.

Kevin Roper, who was driving a truck for the company, hit Morgan’s limo on the New Jersey Turnpike, causing the death of Morgan’s mentor Jimmy McNair. Morgan is currently recovering from a broken leg, nose, and several ribs.

Roper has pleaded not guilty to vehicular homicide over the incident.

Sources also claim that Morgan is still having trouble walking and is currently in a wheelchair.

Despite news of his severe injuries, Walmart believes the plaintiffs have failed to mitigate their losses.

The defendant also asserts that plaintiffs are barred from recovering damages because they failed to mitigate their losses. Further, Walmart says its due process rights will be violated because the company “did not engage in any wanton or willful conduct that would warrant an award of punitive damages.”

The company is ordering Morgan and the other victims involved to turn in full written statements of the damages obtained from the accident.

SOURCE: The Hollywood Reporter | VIDEO CREDIT: News Inc.

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