Lawyers for retail giant Wal-Mart filed their response to actor Tracy Morgan's multi-million dollar lawsuit related to the fatal crash that left comedian James McNair dead and Morgan with serious injuries. Wal-Mart claims the fault for the injuries lies with Morgan himself for not wearing seatbelts in the luxury bus he was riding in.

"By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests," the court filing states.

The Daily News reports that Wal-Mart cites state law on seatbelts in their response to the 30 Rock star:

Morgan failed to “exercise ordinary care in making use of available seat belts . . . and acted unreasonably and in disregard of plaintiffs’ own best interests,” Wal-Mart alleged in the suit filed in Federal Court in New Jersey.

The retail giant also argued it didn’t owe any punitive damages to Morgan because he was negligent in failing to wear his seat belt, as required by law.

The lawsuit stems from a late-night accident involving Wal-Mart truck driver Kevin Roper and Morgan's luxury limo-bus transporting the comedian on the New Jersey Turnpike.

Roper was going 65 mph, about 20 mph over the speed limit, at the time of the accident. He was charged with vehicular homicide and assault by auto and has pleaded not guilty.