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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
) COMPLAINT
TRACY MORGAN, ARDLEY FUQUA, JR. )
JEFFREY MILLEA and KRISTA MILLEA )
) Docket No.
Plaintiffs, )
v. ) PLAINTIFF DEMANDS A
) TRIAL BY JURY
WAL-MART STORES, INC and WAL-MART )
TRANSPORTATION, LLC )
)
)
)
Defendants. )
_________________________________________ )
Plaintiffs Tracy Morgan, Ardley Fuqua, Jr., Jeffrey Millea, and Krista Millea by their
attorneys, MORELLI ALTERS RATNER, LLP, respectfully allege as follows:
NATURE OF THE CASE
1. This is a civil action for personal injuries suffered by Plaintiffs Tracy Morgan,
Ardley Fuqua, Jr. and Jeffrey Millea, and for loss of consortium by Krista Millea (collectively
“Plaintiffs”) against Defendants Wal-Mart Stores, Inc. and Wal-Mart Transportation, LLC
(collectively “Wal-Mart”). This action arises out of a motor vehicle accident on June 7, 2014 on
the New Jersey Turnpike, in which a Wal-Mart truck operated by Kevin Roper collided with the
rear end of the vehicle in which Mr. Morgan, Mr. Fuqua, and Mr. Millea were passengers. The
Defendants’ negligence was a substantial contributing factor in causing Plaintiffs’ injuries.
PARTIES
2. Plaintiff, Tracy Morgan is an individual and citizen of the state of New Jersey.
Mr. Morgan is a comedian and actor.
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3. Plaintiff Ardley Fuqua, Jr. is an individual and citizen of the state of New Jersey.
Mr. Fuqua is a comedian.
4. Plaintiff Jeffrey Millea is an individual and citizen of the state of Connecticut.
Mr. Millea is Mr. Morgan’s personal assistant.
5. Plaintiff Krista Millea is an individual and citizen of the state of Connecticut, and
is Plaintiff Jeffrey Millea’s wife.
6. Defendant Wal-Mart Stores, Inc. is a Delaware Corporation whose principal place
of business location is Bentonville, Arkansas. Wal-Mart Stores has stores and distribution
centers throughout the United States and the world.
7. Defendant Wal-Mart Transportation LLC is a wholly-owned subsidiary of Wal-
Mart Stores, Inc. Defendant Wal-Mart Stores, Inc. is a Delaware Corporation whose principal
place of business location is Bentonville, Arkansas. Wal-Mart Stores has stores and distribution
centers throughout the United States and the world.
VENUE AND JURISDICTION
8. This Court has original jurisdiction over this action under 28 U.S.C. § 1332, in
that the amount of controversy exceeds seventy five thousand dollars ($75,000) and Plaintiffs are
citizens of states which are different from the states where Defendants are incorporated and have
their principal places of business.
9. Venue is proper in this district, because the accident occurred in Cranbury, NJ, in
the County of Middlesex, which falls within the jurisdiction of this Court. Further, the New
Jersey State Police conducted an investigation at the scene of the accident, the driver of the Wal-
Mart truck, Kevin Roper, was charged with crimes related to this accident in New Jersey, and
any potential witnesses to the accident are likely to be located in New Jersey.
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FACTUAL ALLEGATIONS
10. Wal-Mart is the world’s largest retailer, with nearly 11,000 stores worldwide. For
the fiscal year ending on January 2014, Wal-Mart had sales of approximately $473 billion and
ranks first on the FORTUNE500 list of the world’s largest companies by revenue.
11. Wal-Mart has its own private fleet of trucks which comprises one of the largest
transportation operations around the globe. The fleet consists of approximately 7,400 drivers,
80,000 associates in logistics, 6,121 tractors, 60,000 trailers, and 124 distribution centers. Wal-
Mart drivers drive over 713 million miles per year, making deliveries to over 4 million stores
annually.
Wal-Mart Truck Driver: Kevin Roper
12. On June 7, 2014, Kevin Roper was employed by Wal-Mart as a truck driver.
13. Mr. Roper lived in Jonesboro, Georgia.
14. Mr. Roper’s job was based out of a Wal-Mart facility in Smyrna, Delaware.
15. Upon information and belief, on the morning of June 6, 2014, Mr. Roper
commuted from his home in Jonesboro, Georgia to the Wal-Mart facility in Smyrna, Delaware to
commence his shift.
16. Mr. Roper began his shift at approximately 11:22 a.m. on June 6, 2014.
17. Mr. Roper’s shift consisted of driving a 2011 white Peterbilt truck-tractor and
semitrailer combination vehicle (“Truck”) north, and making various pickups and deliveries at
Wal-Mart facilities along the way.
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Tracy Morgan, Ardley Fuqua, Jr. and Jeffrey Millea
18. On the evening of June 6, 2014 Mr. Morgan performed a stand-up comedy show
at Dover Downs Hotel & Casino (“Dover Downs”) in Delaware. This show was part of his
national “Turn It Funny” comedy tour.
19. Mr. Fuqua was one of the opening acts on the “Turn It Funny” tour, and
performed at the Dover Downs show on June 6, 2014.
20. After the show, Dover Downs provided transportation home for Mr. Morgan, Mr.
Fuqua, Mr. Millea, and two other comedians traveling with Mr. Morgan as part of his tour:
James McNair, and Harris Stanton.
21. Dover Downs hired Atlantic Transportation to transport Mr. Morgan, Mr. Fuqua,
Mr. Millea, Mr. McNair, and Mr. Stanton (collectively, “the passengers”) home after the show.
22. Atlantic Transportation provided a 2012 black Mercedes Sprinter (“limo”) to
transport the passengers home from Dover Downs.
23. The limo—driven by Tyrone Gale of Atlantic Transportation– left Dover Downs
with the passengers headed north at approximately 11:30PM on June 6, 2014.
The Accident
24. At approximately 12:54AM on June 7, 2014, both the Limo and the Truck were
traveling north on the New Jersey Turnpike near Cranbury, New Jersey.
25. As the truck approached milepost 71.4, traffic had slowed due to construction
work ahead on the New Jersey Turnpike.
26. The speed limit was reduced from 55 miles-per-hour to 45 miles-per-hour near
milepost 71.4 because of the construction work.
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27. Signs were posted approximately.4 miles south of milepost 71.4 to warn of the
speed limit reduction.
28. The right and center lanes of the New Jersey Turnpike were closed in the vicinity
of the construction zone near milepost 71.4.
29. About .9 miles south of the crash location, an advance warning sign notified
northbound traffic of the lane closure ahead.
30. At approximately 12:54AM on June 7, 2014, the Truck struck the rear of the
Limo.
31. The truck was traveling 65miles-per-hour at the time of impact, and had been
traveling this speed for the 60 seconds preceding the collision.
32. After the collision, the Limo and Truck moved forward and collided with other
cars that were slowed in the traffic near the construction.
33. The limo rolled over and came to rest on its left side, facing east, across the center
and right lanes.
34. Mr. Morgan, Mr. Fuqua, and Mr. Millea were extracted from the car, and
transported to the hospital.
(First Count)
Negligence - (Tracy Morgan)
35. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
36. On or about June 7, 2014, Plaintiff Tracy Morgan was a passenger in a 2012 black
Mercedes Benz Sprinter, with Delaware license plate number LX1964 (“Limo”), owned by
Atlantic Transportation Services LLC.
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37. On or about June 7, 2014, the Limo that Mr. Morgan was a passenger in was
being operated by Tyrone Gale, an employee of Atlantic Transportation Services LLC, in the
regular course of business.
38. On or about June 7, 2014, Kevin Roper was driving a 2011 white Peterbilt truck-
tractor and semitrailer combination vehicle (“Truck”), with Oklahoma license plate number
2PX016, owned by Wal-Mart Transportation LLC.
39. Mr. Roper was an employee of Wal-Mart, and was operating his truck in the
regular course of business.
40. On or about June 7, 2014, while Mr. Morgan was a lawful passenger in the Limo,
Mr. Gale and Kevin Roper were involved in a motor vehicle collision on the New Jersey
Turnpike by milepost 71.4 near Cranbury, New Jersey, when Mr. Roper’s Truck collided with
the rear of the Limo.
41. Walmart was careless and negligent in the ownership and operation of its motor
vehicle, which caused Mr. Morgan to suffer severe personal injuries.
42. As a direct and proximate result of said collision, Mr. Morgan was caused to
sustain severe painful bodily injuries, including but not limited to multiple fractures which
required multiple surgeries, extensive medical treatment, and will require significant physical
rehabilitation.
43. As a direct and proximate result of the physical injuries sustained by Mr. Morgan
in the collision, he has been incapacitated from pursuing his usual employment and other
activities, may be left with disabilities that will in the future similarly incapacitate him and cause
him pain and suffering, and may require medical treatment.
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(Second Count)
Negligence –(Ardley Fuqua, Jr.)
44. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
45. On or about June 7, 2014, Plaintiff Ardley Fuqua, Jr. was a passenger in a 2012
black Mercedes Benz Sprinter, with Delaware license plate number LX1964 (“Limo”), owned by
Atlantic Transportation Services LLC.
46. On or about June 7, 2014, the Limo that Mr. Fuqua was a passenger in was being
operated by Tyrone Gale, an employee of Atlantic Transportation Services LLC, in the regular
course of business.
47. On or about June 7, 2014, Kevin Roper was driving a 2011 white Peterbilt truck-
tractor and semitrailer combination vehicle (“Truck”), with Oklahoma license plate number
2PX016, owned by Wal-Mart Transportation LLC.
48. Mr. Roper was an employee of Wal-Mart, and was operating his truck in the
regular course of business.
49. On or about June 7, 2014, while Mr. Fuqua was a lawful passenger in the Limo,
Mr. Gale and Kevin Roper were involved in a motor vehicle collision on the New Jersey
Turnpike by milepost 71.4 near Cranbury, New Jersey, when Mr. Roper’s Truck collided with
the rear of the Limo.
50. Walmart was careless and negligent in the ownership and operation of its motor
vehicle, which caused Mr. Fuqua to suffer severe personal injuries.
51. As a direct and proximate result of said collision, Mr. Fuqua was caused to sustain
severe painful bodily injuries, including but not limited to multiple fractures which required
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multiple surgeries, extensive medical treatment, and will require significant physical
rehabilitation.
52. As a direct and proximate result of the physical injuries sustained by Mr. Fuqua in
the collision, he has been incapacitated from pursuing his usual employment and other activities,
may be left with disabilities that will in the future similarly incapacitate him and cause him pain
and suffering, and may require medical treatment.
(Third Count)
Negligence – (Jeffrey Millea)
53. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
54. On or about June 7, 2014, Plaintiff Jeffrey Millea was a passenger in a 2012 black
Mercedes Benz Sprinter, with Delaware license plate number LX1964 (“Limo”), owned by
Atlantic Transportation Services LLC.
55. On or about June 7, 2014, the Limo that Mr. Millea was a passenger in was being
operated by Tyrone Gale, an employee of Atlantic Transportation Services LLC, in the regular
course of business.
56. On or about June 7, 2014, Kevin Roper was driving a 2011 white Peterbilt truck-
tractor and semitrailer combination vehicle (“Truck”), with Oklahoma license plate number
2PX016, owned by Wal-Mart Transportation LLC.
57. Mr. Roper was an employee of Wal-Mart, and was operating his truck in the
regular course of business.
58. On or about June 7, 2014, while Mr. Millea was a lawful passenger in the Limo,
Mr. Gale and Kevin Roper were involved in a motor vehicle collision on the New Jersey
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Turnpike by milepost 71.4 near Cranbury, New Jersey, when Mr. Roper’s Truck collided with
the rear of the Limo.
59. Wal-Mart was careless and negligent in the ownership and operation of its motor
vehicle, which caused Mr. Millea to suffer severe personal injuries.
60. As a direct and proximate result of said collision, Mr. Millea was caused to
sustain severe painful bodily injuries, including but not limited to multiple fractures which
required multiple surgeries, extensive medical treatment, and will require significant physical
rehabilitation.
61. As a direct and proximate result of the physical injuries sustained by Mr. Millea
in the collision, he has been incapacitated from pursuing his usual employment and other
activities, may be left with disabilities that will in the future similarly incapacitate him and cause
him pain and suffering, and may require medical treatment.
(Fourth Count)
Loss of Consortium – (Krista Millea)
62. Plaintiffs incorporate by reference all preceding paragraphs of this Complaint as if
fully set forth herein.
63. As a consequence of the car accident further described above, Mr. Millea
sustained significant and permanent injuries as more fully described above.
64. Before suffering the injuries resulting from the accident, Mr. Millea was able to
and did perform all the duties of a husband and did perform these duties, including but not
limited to maintaining the home, providing love, companionship, affection, society, sexual
relations, moral support, and solace to his wife, Krista Millea.
65. Ms. Millea was 8 months pregnant at the time of the accident.
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66. Mrs. Millea suffered from loss of society and consortium as a result of the injuries
to her husband.
Wal-Mart’s Reckless or Intentional Conduct
67. Wal-Mart knew, or should have known, that Mr. Roper’s hours were not in
compliance with Federal Motor Carrier Safety Administration (“F.M.S.C.A.”)Regulations, which
were enacted largely to combat the dangers of driver fatigue.
68. Wal-Mart knew, or should have known, that Mr. Roper was awake for more than
24 consecutive hours immediately before the subject accident on June 7, 2014.
69. Wal-Mart knew or should have known that it was unreasonable for Mr. Roper to
commute more than 700 miles from his home in Jonesboro, Georgia to work at a Wal-Mart
facility in Smyrna, Delaware, especially immediately before he was to commence a long shift
operating a truck that weighed approximately 30–40 tons. Additionally, there were many Wal-
Mart distribution facilities closer to Mr. Roper’s home — including at least nine in Georgia
alone—which would have significantly reduced Mr. Roper’s commute to work.
70. As a result of Mr. Roper’s fatigue, he fell asleep behind the wheel of his truck
while he was driving, failed to slow down for traffic ahead, and resultantly collided with the
Limo directly in front of him in which Plaintiffs were passengers.
71. Further, the Truck being operated by Mr. Roper was state-of-the-art, and equipped
with sophisticated collision-avoidance systems all designed to begin automatically braking the
truck when it senses slowing down traffic.
72. However, the Truck did not automatically brake before the accident, and thus,
Wal-Mart knew or should have known that one of the truck’s most important safety features was
compromised.
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73. Had the truck’s automatic brakes been properly functioning, the subject accident
could have been avoided.
74. Defendant knew that its actions were substantially certain to result in serious
injury or death because operating trucks, by its nature, is a dangerous activity, and Wal-Mart
heightened this danger through its activities.
75. Upon information and belief, Wal-Mart recklessly and intentionally engaged in a
pattern and practice of having its drivers violating the F.M.S.C.A. Regulations.
76. Upon information and belief, Wal-Mart knew or should have known that its
drivers were routinely working shifts longer than permitted under the F.M.C.S.A. Regulations ,
driving more hours per day than permitted under the F.M.S.C.A. Regulations, driving more
consecutive hours without rest than permitted under the limits set forth in the F.M.S.C.A.
Regulations, and working more hours per week than permitted under the F.M.S.C.A. Regulations
77. Wal-Mart not only failed to condemn, but condoned this practice of its drivers
routinely violating the F.M.S.C.A. Regulations.
78. Wal-Mart knew or should have known that its drivers were routinely fatigued—
thus putting themselves and others on the road in danger— because in addition to working long
shifts driving trucks, they regularly commuted hundreds of miles to get to work.
79. For example, Mr. Roper’s commute to work was over 700 miles, which would
have taken him over 11 hours if he drove 60 mph the entire way. However, there were many
other distribution centers closer to his home.
80. Wal-Mart has over 124 distribution facilities across the country, and could have
made accommodations for many of its drivers to reduce their commutes to work, thereby
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reducing the number of total hours they had to drive and thus reducing the likelihood that they
would suffer from fatigue.
81. Even if Wal-Mart’s drivers were marginally complying with the maximum-hour
limits set forth under the F.M.S.C.A. Regulations, the time commuting to work was not factored
into the F.M.S.C.A. Regulations. Thus, between commuting to work and driving trucks for
work, Wal-Mart had a custom and practice of recklessly and intentionally allowing its drivers to
drive for prolonged and unreasonable periods of time, making them exceedingly vulnerable to
suffer from fatigue.
82. Upon information and belief, Wal-Mart recklessly and intentionally failed to take
proper measures to combat the serious danger of its drivers suffering from fatigue.
83. As a direct, substantial, and proximate result of the reckless or intentional conduct
of Wal-Mart, as set forth above, Plaintiffs suffered serious injuries and damages.
84. Wal-Mart’s acts and/or failures to act under the circumstances of this case were
outrageous in that Wal-Mart’s conduct amounted to reckless indifference to the safety of its
drivers, and of other drivers and passengers on the road.
85. As a result of Wal-Mart’s gross, reckless, willful, wanton, and intentional
conduct, it should be appropriately punished with the imposition of punitive damages.
DEMAND FOR A JURY TRIAL
Plaintiffs hereby demand a jury trial as to all issues so triable as a matter of right,
pursuant to F.R.C.P. 38(b)(1) and 38(c).
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand upon Defendants:
a. actual, compensatory and statutory damages;
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b. punitive damages as allowed by law;
c. pre and post-judgment interest as allowed by law;
d. injunctive relief;
e. an award of attorneys’ fees as allowed by law;
f. an award of taxable costs; and
g. any and all such further relief as this Court deems just and proper.
MORELLI ALTERS RATNER, LLP
By: _/s/ David T. Sirotkin
David T. Sirotkin
D.N.J. Bar ID: DS4863
[email protected]
Benedict P. Morelli
N.Y. Bar No.: 1060441
[email protected]
David S. Ratner
N.Y. Bar No.: 1011279
[email protected]
777 Third Avenue, 11
th
Floor
New York, New York 10022
Tel: (212) 751-9800
Fax: (212) 751-0046
Attorneys for Plaintiffs
Date: July 10, 2014
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