Tracy Morgan ended up in intensive care after his limo bus was struck by a Walmart-owned and operated tractor-trailer back in June. In court documents, Walmart is claiming that Morgan is to blame for his injuries, as he was not wearing a seatbelt at the time of the accident.

Walmart Blaming Tracy Morgan

Walmart is claiming in the documents that by not wearing his seatbelt, Morgan bears the most responsibility for his grave injuries, reported TMZ. The big box company is making the case that most, if not all, of the actor’s injuries were a result of his failure to buckle up.

Morgan filed a lawsuit against Walmart back in July, claiming that the company is responsible for the accident that was caused by their driver, Kevin Roper. Walmart should have known that Roper had been “awake for more than 24 consecutive hours,” according to the suit.

The suit states, “Walmart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

In a separate case, Roper has been charged with one count of vehicular homicide for the death of James “Jimmy Mack” McNair, and four counts of assault by auto for causing Morgan, Ardie Fuqua, Jeff Milea and Harris Staton’s injuries in the June accident on the New Jersey Turnpike. Roper, who turned himself in after learning of the charges, has pleaded not guilty to all counts.