Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/358493
22 | Overdrive | August 2014 Logbook The Right People. The Right Service. The Right Places. Trust it to the experts. Find your local VIPro TruckForce ™ Service Center by visiting www.VIProTruckForce.com or call 800.494.4731 Locations from coast to coast in the United States and Canada. Supported by these quality brands: When you need expert service and repair on "YOUR IRON" we'll do the job right. Whether you're at home or on the road, look for the local VIPro TruckForce™ Service Center for service you can trust. Text INFO to 205-289-3555 or visit www.ovdinfo.com (Continued on Page 96) Tracy Morgan lawsuit alleges violations, negligence Four survivors of the June 7 New Jersey Turnpike truck crash that left comedian James McNair dead and actor Tracy Morgan in critical condition are suing Walmart Transportation, claiming the private carrier was "careless and negligent" in its oversight of drivers and equipment. The suit was filed July 10. Morgan is among those suing. The Walmart driver, Kevin Roper, reportedly was awake for 24 hours prior to the crash, though the National Trans- portation Safety Board in its preliminary crash report said he was within his hours of service limits, both in on-duty time and in driving time. However, Roper had to com- mute 700 miles to the Walmart terminal in Delaware where he worked, the lawsuit notes. The lawsuit stems from Roper's long commute, alleging "Wal-Mart knew, or should have known, Mr. Roper was awake for more than 24 consecutive hours immediately before the subject accident." The lawsuit alleges Roper fell asleep at the wheel, ultimately leading to the crash. The suit also accuses Walmart of intentionally and regularly violating federal hours of service limits for drivers. The private fleet also failed to factor in driver commutes into its scheduling, the suit claims. Walmart issued a response, saying it is cooperating with the investigation and was "commit- ted to doing the right thing for all involved." Roper has been charged with counts of vehicular homicide and assault by auto, to which he has pleaded not guilty. NTSB's report concluded that Roper was traveling more than 20 mph over the posted 45 mph speed limit. The crash also made the debate over the 2013 hours of service rule a national issue, caus- ing lawmakers and celebrities to condemn Senate action in June to roll back certain hours regulations. — James Jaillet