Entertainment
Wal-Mart Driver Appeals in Bid to Delay Morgan Crash Suit

In this April 9, 2014 file photo, actor Tracy Morgan attends the FX Networks Upfront premiere screening of “Fargo” at the SVA Theater in New York. (Photo by Greg Allen/Invision/AP, File)
NEWARK, N.J. (AP) — A Wal-Mart driver involved in a highway crash that killed a comic and severely injured actor-comedian Tracy Morgan has asked a judge to reconsider her decision not to delay Morgan’s lawsuit against the company.
Truck driver Kevin Roper isn’t a defendant in Morgan’s lawsuit against Bentonville, Arkansas-based Wal-Mart Stores Inc., but he wants to intervene to delay it from moving forward until his criminal case is resolved. He filed his appeal on Monday.
Roper, of Jonesboro, Georgia, faces several criminal charges, including death by auto, in state court and has pleaded not guilty. He’s not a defendant in Morgan’s federal lawsuit but wanted to intervene in it and delay it from moving forward until his criminal case could be resolved.
U.S. Magistrate Judge Lois Goodman wrote this month that a delay would unfairly affect the parties in Morgan’s lawsuit, which seeks punitive and compensatory damages, and that Roper didn’t cite relevant case law to back up his claims.
Roper said his right to a fair trial would be hampered and he would, in effect, be on trial in the civil case even though he wasn’t a defendant. He said prosecutors in the criminal case would benefit from information that was divulged.
Roper’s appeal says a stay would protect his interests “by preventing Wal-Mart from filing and making admissions or discovery responses that are damaging and potentially contradictory to Roper’s criminal defense strategy.”
Authorities said Roper apparently failed to slow for traffic ahead on the New Jersey Turnpike and then swerved to avoid a crash but instead his big rig smashed into the back of Morgan’s chauffeured limo bus.
Comedian James “Jimmy Mack” McNair was killed in the June 2014 crash. Morgan, a former “Saturday Night Live” and “30 Rock” star, and two other people were seriously injured.
Morgan broke bones in the crash. His attorney, Benedict Morelli, said in December he was fighting to recover from a traumatic brain injury suffered in the crash and was uncertain if he will be “the Tracy Morgan he once was.”
Morgan was absent from the “SNL” 40th anniversary show on Sunday.
Wal-Mart, which has said the crash victims weren’t wearing seatbelts, reached a monetary settlement with McNair’s two children last month. The amount of the settlement hasn’t been disclosed.
A preliminary investigation by the National Transportation Safety Board said Roper was driving 65 mph in the minute before he slammed into Morgan’s van. The speed limit on that stretch of the highway is 55 mph but had been lowered to 45 mph that night because of construction.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Activism
OP-ED: AB 1349 Puts Corporate Power Over Community
Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.
By Bishop Joseph Simmons, Senior Pastor, Greater St. Paul Baptist Church, Oakland
As a pastor, I believe in the power that a sense of community can have on improving people’s lives. Live events are one of the few places where people from different backgrounds and ages can share the same space and experience – where construction workers sit next to lawyers at a concert, and teenagers enjoy a basketball game with their grandparents. Yet, over the past decade, I’ve witnessed these experiences – the concerts, games, and cultural events where we gather – become increasingly unaffordable, and it is a shame.
These moments of connection matter as they form part of the fabric that holds communities together. But that fabric is fraying because of Ticketmaster/Live Nation’s unchecked control over access to live events. Unfortunately, AB 1349 would only further entrench their corporate power over our spaces.
Since Ticketmaster and Live Nation merged in 2010, ticket prices have jumped more than 150 percent. Activities that once fit a family’s budget now take significant disposable income that most working families simply don’t have. The problem is compounded by a system that has tilted access toward the wealthy and white-collar workers. If you have a fancy credit card, you get “presale access,” and if you work in an office instead of a warehouse, you might be able to wait in an online queue to buy a ticket. Access now means privilege.
Power over live events is concentrated in a single corporate entity, and this regime operates without transparency or accountability – much like a dictator. Ticketmaster controls 80 percent of first-sale tickets and nearly a third of resale tickets, but they still want more. More power, more control for Ticketmaster means higher prices and less access for consumers. It’s the agenda they are pushing nationally, with the help of former Trump political operatives, who are quietly trying to undo the antitrust lawsuit launched against Ticketmaster/Live Nation under President Biden’s DOJ.
That’s why I’m deeply concerned about AB 1349 in its current form. Rather than reining in Ticketmaster’s power, the bill risks strengthening it, aligning with Trump. AB 1349 gives Ticketmaster the ability to control a consumer’s ticket forever by granting Ticketmaster’s regime new powers in state law to prevent consumers from reselling or giving away their tickets. It also creates new pathways for Ticketmaster to discriminate and retaliate against consumers who choose to shop around for the best service and fees on resale platforms that aren’t yet controlled by Ticketmaster. These provisions are anti-consumer and anti-democratic.
California has an opportunity to stand with consumers, to demand transparency, and to restore genuine competition in this industry. But that requires legislation developed with input from the community and faith leaders, not proposals backed by the very company causing the harm.
Will our laws reflect fairness, inclusion, and accountability? Or will we let corporate interests tighten their grip on spaces that should belong to everyone? I, for one, support the former and encourage the California Legislature to reject AB 1349 outright or amend it to remove any provisions that expand Ticketmaster’s control. I also urge community members to contact their representatives and advocate for accessible, inclusive live events for all Californians. Let’s work together to ensure these gathering spaces remain open and welcoming to everyone, regardless of income or background.
Activism
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Activism
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