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Judge greenlights Tracy Morgan’s lawsuit against Wal-Mart after fatal crash

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Morgan's lawyer says the comedian is still recovering from the brain injury he sustained in the June crash. (Photo: Getty)

Morgan’s lawyer says the comedian is still recovering from the brain injury he sustained in the June crash. (Photo: Getty)

NEWARK (PIX11/AP) — A federal judged rejected a bid Friday to delay the negligence lawsuit Tracy Morgan has brought against Wal-Mart after a fatal crash in New Jersey killed one of the comedian’s close friends and seriously injured others, the Associated Press reported.

The driver of the Wal-Mart tractor trailer, Kevin Roper, slammed into the back of the Mercedes limo van Morgan was riding in on the New Jersey Turnpike. Roper isn’t named in the lawsuit against Wal-Mart, but he is facing criminal charges.

He requested that the lawsuit be delayed until his criminal case was resolved. His lawyer said the civil case can taint Roper's criminal case.

U.S. District Judge Michael Shipp said Roper failed to show he requires "emergent relief."

Morgan's attorney has said the actor is recovering from a traumatic brain injury suffered from the crash and is uncertain if he will be "the Tracy Morgan he once was."

An investigation from the National Transportation Safety Board found that Roper was driving 65 mph in the 60 seconds before he slammed into the van, killing comedian James McNair. The original 55 mph speed limit was lowered to 45 mph due to construction.

2 comments

  • Rebecca

    James McNair used to volunteer with the youth group I participated in when I was in high school. I sincerely hope for the sake of his memory that they win this lawsuit against Walmart because my hometown lost someone very important to our community and we’re still feeling the loss.

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