Tracy Morgan is a famous actor-comedian best known for his stand up comedy acts. His first big breaks were made on "Saturday Night Live" and the NBC sitcom "30 Rock". He has starred in numerous blockbuster hits including "The Longest Yard" featuring Adam Sandler and also recently played the voice of Luiz in the animated movie "Rio."1 On June 7, 2014 Morgan was involved in a fatal six-car crash on the New Jersey Turnpike caused by a Wal-Mart owned semi. The semi, driven by Kevin Roper, rear-ended the back of Morgan's limousine bus, causing substantial physical damages to Morgan and the other passengers, resulting in the death of Morgan's fellow friend and mentor James "Jimmy Mack" McNair. 2 The case, Morgan v. Wal-Mart Stores, Inc 14-cv-4388 (U.S. District Court, D.N.J., Trenton), has raised questions about Wal-Mart's employee regulations and safety practices. In response to Morgan's official Complaint, Wal-Mart has neither confirmed nor denied Roper as an employee. 3 This bringing into question Wal-Mart's liability for Roper's negligence under the Tort doctrine Vicariously Liability and whether Roper is actually a Wal-Mart employee establishing Respondent Superior, therefore making Wal-Mart potentially liable for the incident. .
Vicarious Liability assigns the responsibility of one prudent person's negligence for the failure of care of another, based on the particular legal relationship between them; parent/child, employee/employer, vehicle owner/vehicle operator. This legal doctrine imposes liability for injury to the person who did not directly cause the injury but is legally bound to the person who acted in negligent manner causing damages. 4 The act of negligence in also referred to imputed negligence. Vicarious liability is also called imputed liability, attaching the responsibility to a person for injury or damages caused by another person.
