Shot_3-10863Over the summer actor-comedian Tracy Morgan filed a lawsuit against retail giant Wal-Mart as a result of an accident that left Morgan in critical condition, others seriously injured and took the life of James McNair.

On Monday, Wal-Mart has filed a countersuit that states Morgan and the other passengers are at least partly to blame for not wearing a seatbelt, according to The Hollywood Reporter.

Wal-Mart Inc., which headquarters is located in Bentonville, Arkansas, stated in the court documents, “[injuries] were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seatbelt restraint device.”

It further stated, “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.”

In addition to outlining its failure to wear a seatbelt defense, the company will argue a counter for Morgan’s negligence claim. The “30 Rock” actor’s court documents alleges Wal-Mart “knew or should have known” its truck driver suffered from exhaustion, as a result of being up for 24 consecutive hours.

The retail giant did not address those allegations in the suit. However, it did say, “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 National Transportation Safety Board on-going investigation, Wal-Mart is unable to admit or deny.”

The actor’s lawsuit also states by continuously condoning this practice of its drivers, Wal-Mart is violating the Federal Motor Carrier Safety Administration regulations.

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