The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Walmart was negligent when a driver of one of its tractor-trailers rammed into Morgan’s limousine van on June 7. The complaint claims the retail giant should have known that its driver had been awake for over 24 hours and that his commute of 700 miles from his home in Georgia to work in Delaware was “unreasonable.” It also alleges the driver fell asleep at the wheel.
“As a result of Walmart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” according to the complaint.
Morgan’s lawsuit seeks a jury trial and punitive and compensatory damages.
In a statement issued Saturday, Walmart reiterated that it was “cooperating fully” in an ongoing investigation.
“We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved,” Walmart said.
The wreck on the New Jersey Turnpike killed 62-year-old comedian James McNair, who went by the name Jimmy Mack. Comedian Ardley Fuqua and Jeffrey Millea, who were injured as passengers in the limo, are also named as plaintiffs.
Morgan suffered a broken leg and broken ribs in the crash. His rep confirmed in a statement to PEOPLE Saturday that the comedian, along with other victims of the accident, has filed a lawsuit. He added that Morgan has been released from a rehabilitation center “and will continue his recovery efforts at home with an aggressive outpatient program.” Fuqua is also recovering from crash-related injuries.
Truck driver Kevin Roper, 35, of Jonesboro, Georgia, has pleaded not guilty to death by auto and assault by auto charges. A criminal complaint also accuses him of not sleeping for more than 24 hours before the crash, a violation of New Jersey law.
A report by federal transportation safety investigators said Roper was driving 65 mph in the 60 seconds before he slammed into the limo van. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.
Roper had been on the job about 13 ½ hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.
Morgan, a New York City native, was returning from a stand-up performance at Dover Downs Hotel & Casino in Delaware when the crash occurred.