Stuart D. Morse & Associates, L.L.C. Stuart D. Morse & Associates, L.L.C.
Colorado Insurance Defense And Business Litigation Attorneys
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Comedian's long insurance-related injury saga continues

This much is undisputed: In June 2014, comedian Tracy Morgan and three other passengers riding in a limousine were rear-ended by a tractor-trailer rig. One passenger died. Another had a compound leg fracture. And, as noted in one recent media recounting of the crash, "Morgan suffered a brain injury and broke his leg and ribs."

Following the accident, Walmart entered into settlement negotiations with the victims. The massive retailer's involvement owed to the fact that the trucker was a Walmart employee who had been driving on company business while in an exhausted state.

A pact was eventually agreed to, with Walmart reportedly paying out about $90 million.

Ohio Casualty, which was Walmart's insurer in the matter, essentially wants a do-over now in the wake of the payout, arguing that it needs more evidence by way of victim depositions to reasonably determine whether the settlement was fair. The insurance company contends that it was denied full access to relevant documents in a timely manner and that Morgan might have exaggerated the extent of his injuries to secure what the company now claims was an unjustifiably large payout amount.

Morgan's attorney scoffs at that, stating that the comedian will resist attempts to depose him.

It will "lead to nothing," Morgan's counsel says, adding that evidence flatly confirms that the accident victims "were devastatingly injured." He also calls the $90 million settlement figure "absolutely inaccurate."

Unsurprisingly, Ohio Casualty strongly argues the merit in its demand, countering that the depositions are "relevant and necessary" in order for it to determine whether legal action will be taken against Walmart.

A federal judge is scheduled issue a ruling on the depositions later this month.

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