"He was so upset."
Retail store giant WALMART is claiming Tracy Morgan failed to wear a seatbelt in the crash that caused life threatening injuries to the comedian.
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The retail chain claims the actor "caused" the injured due to failure to wear a seatbelt during his fatal car crash in June that killed one of the passengers in his limo.
The retail giant is being sued by the former '30 Rock' star, who suffered a broken femur, broken nose and broken ribs during the crash, after one of the company's trucks mowed into the limo bus he was travelling in on the New Jersey Turnpike.
WALMART delievered its paper work in answer to the New Jersey federal lawsuit on Monday.
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."
“Accordingly, absent entry of a Protective Order and adequate protections by the Court to maintain the confidential nature of Wal-Mart’s responses as required by the NTSB on-going investigation, Wal-Mart is unable to admit or deny” various allegations in the lawsuit.
“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.
The 45-year-old comedian's lawyer Benedict Morelli is quoted by PEOPLE magazine as saying: "He's a bit more mobile. He's able to take some steps and doesn't have to be in a wheelchair every single minute."
But he confirmed the actor may never fully recover from the crash.
He said: "He's a fighter, but we don't know if he's going to be the old Tracy again.
"He has up and down days.
"He's still in rehab, he's struggling, and this is troubling to him."
Morgan's lawyer also said the actor read about the complaint WALMART filed, which made him even more upset after learning they felt he was responsible for his own injuries.
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His lawyer said: "He was so upset. It was all over the place. He was reading about it and seeing in on TV... he replayed to me that he wanted to say something."