Wal-Mart Pays McNair Family $10 Million For Fatal Truck Crash
by Jana Ritter - Published: 3/23/2015Part of the on-going legal battle in the high-profile accident that killed James McNair and critically injured celebrity comedian Tracy Morgan has finally been settled. The McNair family has been awarded $10 million from retail giant Wal-Mart as it was one of their truck drivers that slammed into the luxury van carrying McNair, Morgan and two others on the New Jersey Turnpike last June.
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According to the McNair family attorney, Daryl Zaslow, Wal-Mart agreed to the large payout in order to avoid further potential losses from litigation. The settlement stipulates that James McNair's two children, Jamel, 26, and Denita, 19, will divide the payout after Zaslow takes his payment amounting to nearly $3 million cut. The settlement had actually been signed by both parties in October, but it wasn't announced until January and even then the terms of the settlement were not released because of a confidentiality agreement signed by both sides. Recent legal documents filed in court finally revealed the huge dollar amount and also indicated that Wal-Mart did not want the sum publicized out of fear it would potentially hurt business.
"Both Wal-Mart and the estate of James McNair feel that financial damage could result to Wal-Mart if the terms of settlement are revealed," Zaslow said in the court filing. Zaslow also revealed that securing this size of payout wasn't easy because 62-year-old James McNair didn't make nearly as much money as his famous friend Morgan and basically made his living working part-time at the Salvation Army in between his stand-up comedy and writing gigs. "He had no meaningful past income to project a significant lost-wage claim," Zaslow revealed in the filing. "Although many of my colleagues insisted that the strategy would not be successful, and for many months of negotiations this assessment of damages was not being entertained by counsel for Wal-Mart, through months of heated negotiations, I was able to convince Wal-Mart to view the damages through this rather unorthodox approach," Zaslow also said in his filing.
Randy Hargrove, spokesman for Wal-Mart spokesman did not want to discuss the terms and conditions of the settlement but issued the following statement. "We deeply regret the loss of Mr. McNair as a result of the accident, but Walmart worked closely with his family to ensure their well-being. Wal-Mart will continue to work to conclude all other remaining issues, and we’re committed to doing what’s right."
The next big hurdle for Wal-Mart is to settle with Tracy Morgan who suffered a brain injury in the crash and has basically had to put his highly successful career on a long hold. The former star of "Saturday Night Live" and “30 Rock,” is currently suing Wal-Mart for an undisclosed amount. “Tracy is working very hard to get better, physically, emotionally and mentally,” said Morgan’s attorney, Benedict Morelli. The two other passengers who were injured in the crash also have a separate lawsuit against Wal-Mart.
While the Wal-Mart truck driver, Kevin Roper, has not been named in the Wal-Mart lawsuits, he is facing criminal charges that include death by auto and others. He has not yet been indicted and his attorneys are continuing to ask the court to hold off until the civil suits against Wal-Mart have been settled.
If the bridge was high enough for truck drivers to pass under previously, why wasn't that original height restored in the first place?
Anyone that thinks Walmart should pay has no clue of the laws. I guess we all need to sleep a solid 34 hours according to these people. It was the drivers fault plain and simple, Walmart should appeal this.
The problem is wal-mart is responsible for the driver's actions insomuch as he was being paid by Wal-mart for completing a task.
Sorry Chad Rogers that's not true it is the drivers responsibility to control his truck and to fallow the hours of service laws not the employer the cdl holder is the sole responsible party for any and all violations not Walmart
Chad Rogers your wrong the driver is responsible he knows as we are all taught to not get behind a wheel tired!!!!!!
Must be a walmart stock holder
He is employed by Walmart , paid by Walmart and Logs are turned to Walmart ! Dispatch at Walmart is responsibabile for drivers HOS , So if u wanna be a shithouse Lawyer go to the T/A truckstop and read ALL THE WIT on the walls !!
Both parties hands are dirty walmart shouldn't push a driver which they do along with many other companies threaten them with termination blah blah blah ..on the other shit hand the driver could simply say fuck you my hours are up I'm going to sleep like it or not both hands are DIRTY
He wasn't over his hours. They are on electronic logs.
Hwe was legal as far as hours of service rules,maybe you should learn facts before commenting like a dumb ass Chad
He was legal as far as hours of service.....the driver was negligent in making sure he got rest during his break. In no way would Wal-Mart or any other company have knowledge of how much rest their driver actually got during his off duty hours. Some guys sleep 5 hours....some guys sleep 10
I guess Walmart will not be rolling back prices anytime soon.
Ya walmart shouldn't pay anything. The driver was irresponsible but that has nothing to do with walmart. Walmart drivers can't break hours of service laws cause the computer shuts the truck off!
Walmart knew he drove 10 hrs from his home to their terminal then he was allowed to jump into THEIR truck and drove it......Sounds like they are Liable to me......
There's nothing illegal about that. What u do on ur time is ur buisness. They can't control what he does when he's not in their time
Trucks don't just shut off lol that's a liability
Well kyle it may be a liability bit walmarts trucks do. They can only idle after the drive time is exceeded.
The e-log does NOT shut the truck off.it merely records the fact the driver was operating the truck out of the FMCSA guidelines
Lynwood, Walmart is responsible for the driver's fitness. Much like if you bought a food product that we not packaged safely.. The packaging company would be responsible
No they are just required to make sure he passes a physical and follow log rules. Which he did. What he does on his off time is his buisness
Lisne I drive for Walmart the trucks do not shut off elogs just record the drivers off duty ,on duty ,and driving time as well as sleeper time if the driver drove his own car for ten hrs he is responsible to say I've been driving for ten hrs I am not avalible to drive that will not make u drive if that don't know he drove if he don't tell them for all that know he stayed at a hotel in town while out of the truck further more it is law that a driver log his driving and on duty time whether personal or not if it is for the purpose of his job or he is earning money that is the law
No u must work for swift
And there's no two ways about it. He can do whatever he wants on his off duty time
Driver and company are to blame starting a driver in the evening after a 34 hour restart is dangerous most guys go home and sleep at night and then scramble to get personal things done during the day so they are tired when they start back up I have been driving for 30 years and the 34 hour restart rule is the biggest joke yet
There's nothing illegal about it though
The driver him self, not Wal-mart, made the wrong decision to get behind the wheel of that truck and drive it!!! God bless this family for their loss but all the money in the world will not bring back their loved one, nor will it hold the responsible party (the driver) accountable. But welcome to America ( I burned myself with this "HOT" coffee ) land of the lawyers.
.... Perhaps Freightliner will be sued next, after all they make those trucks for Walmart, so it must be their fault for making those trucks so big!
First and for most it was a tragedy Walmart was just as much at fault as the driver knowing he drove 10 hours prior to his scheduled run also trucks do not shut of after 11hour rule still can drive I run elogs if ur going to talk trucking know the rules and hours look at fmcs book it will explain it to u in black and white again it was a tragedy and know life should have a dollar amount
Walmart is not responsible. When I take my ten hour break and go in a strip club is it my company's fault I didn't sleep. NO. They can't force me to do anything on my off duty hours.
Look I'm not saying anything but ur fb page says future truck driver July 2015 that's telling me u don't even have a cdl so its pointless
Stupid fuck I have over ten years in a seat.
How many hours was the limo driver up for that's a question I would like answered
No one should get paid for losing a loved one. Sorry
No one should get paid for losing a loved one ?really ?you dumbass!
Drivers fault
Hope nobody shops there
Suckers!
Good