Many attorneys and claim representatives have had the misfortune to handle a “press case” at one time or another. “Misfortune” because press cases can involve added, misguided scrutiny from one or more media outlets, with little upside to the attorney, adjuster or most importantly, the defendant. Furthermore, when media outlets misstate or skew the law and facts, the defense is often left, well, on the defensive. Litigation in Tracy Morgan’s bodily injury lawsuit now presents an example of media manipulation to the defendant’s detriment, with little immediate recourse.
This past June, actor and comedian Tracy Morgan, of SNL and 30 Rock fame, was involved in a major collision on the New Jersey Turnpike. A Walmart tractor trailer struck a limousine killing comedian James Mack and leaving Morgan and other passengers in critical condition. Morgan and other passengers brought suit against Walmart, alleging negligence and negligent hiring of the truck driver, who is alleged to have been driving while fatigued.
Yesterday, Walmart filed its 85-paragraph, 28 page answer in federal court, which contains many denials and affirmative defenses, as do most answers. Walmart’s 8th Affirmative Defense alleges that plaintiffs’ injuries may have been caused,” in whole or in part,” by plaintiffs’ failure to use seatbelts at the time of the accident. This is a standard affirmative defense in motor vehicle bodily injury cases – but various media outlets reported on Tuesday that Walmart “blames Tracy Morgan” for causing his own injuries.
It is unclear whether Morgan’s counsel alerted the various media outlets to the specifics of the answer, but he is quoted in the articles we have reviewed, calling Walmart’s allegations “surprising and appalling.”
If, for argument’s sake, plaintiff did alert the press to the allegations in the answer, counsel’s design was likely to generate bad press for Walmart, thereby adding to plaintiffs’ settlement leverage. A spokesperson for Walmart remarked that Walmart remains willing to resolve this matter. It remains to be seen what, if any, effect this “press junket” has on settlement, but it certainly had Walmart’s PR department scrambling for 24 hours.
Thanks to Brian Gibbons for his contribution.
For more information, contact Denise Fontana Ricci at .