(Bloomberg) — Actor-comedian Tracy Morgan suedWal-Mart Stores Inc. for negligence over a New Jersey Turnpikeaccident last month that left him critically injured after acompany truck driver went at least 24 hours without sleep.

Wal-Mart “knew or should have known” it was unreasonable fortrucker Kevin Roper to commute about 750 miles and then work almost14 hours before crashing into a van carrying Morgan, accordingto a complaint in federal court in Trenton, New Jersey. It seeksunspecified compensatory and punitive damages.

Roper drove from his home in Jonesboro, Georgia, to a Wal-Martfacility in Smyrna, Delaware, before making deliveries and pickupsin New Jersey, Delaware and Pennsylvania, the NationalTransportation Safety Board said last month. He drove at 65 miles(105 kilometers) per hour for the 60 seconds before the June 7crash in an area where the speed limit was 45 mph due toconstruction, the NTSB said. He has been charged with death by autoand assault.

“Wal-Mart knew or should have known that its drivers wereroutinely fatigued — thus putting themselves and others on the roadin danger — because in addition to working long shifts drivingtrucks, they regularly commuted hundreds of miles to get to work,”according to the complaint filed July 10.

Reducing Fatigue

Federal regulations aimed at reducing fatigue limit truckdrivers to 11 hours of driving and 14 hours of on-duty time eachday. There are also limits on the number of hours of driving perweek, which the Federal Motor Carrier Safety Administrationtightened last year. The Senate is considering reversing part ofthat regulation.

The accident occurred as Morgan, known for his work on “30Rock” and “Saturday Night Live,” was returning from a stand-upcomedy show at Dover Downs Hotel & Casino in Delaware. With himwere Jeffrey Millea, his personal assistant, and three othercomedians, including James McNair and Ardley Fuqua Jr. McNair, 62,was killed in the crash. Fuqua and Millea, who suffered seriousinjuries, joined Morgan in the lawsuit, as did Millea's wifeKrista, who wasn't in the van.

Wal-Mart spokesman Randy Hargrove said in an e-mail the accidentwas a “terrible tragedy” and the company is “committed to doing theright thing for all involved.”

Hargrove reiterated in the e-mail that the company, the world'slargest retailer, is cooperating in the investigation. Wal-Mart isbased in Bentonville, Arkansas.

Collision Avoidance

Roper's 2011 Peterbilt tractor was outfitted with “sophisticatedcollision-avoidance systems all designed to begin automaticallybraking the truck when it senses slowing down traffic,” accordingto the complaint. Because it didn't slow before the accident,Wal-Mart “knew or should have known that one of the truck's mostimportant safety features was compromised.”

On July 10, Morgan returned to his home from thehospital after multiple surgeries and will undergo outpatienttherapy, according to his attorney, Benedict Morelli. Millea hasalso returned home, and his wife had a baby last week, while Fuquaremains hospitalized, Morelli said in a telephone interview.

Morelli said Wal-Mart should “be able to find a truck driver wholives in Delaware or close to Delaware who doesn't have to drivefrom Georgia to pick up a truck.”

The case is Morgan v. Wal-Mart, 14-cv-4388, U.S.District Court, District of New Jersey (Trenton).

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