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Wal-Mart driver loses bid to delay Tracy Morgan crash suit

Posted at 2:36 PM, Feb 04, 2015
and last updated 2015-02-04 14:36:43-05
A Federal judge has ruled against the Wal-Mart driver involved in a crash that killed James McNair seriously injured Tracy Morgan. (New Jersey State Police)

A Federal judge has ruled against the Wal-Mart driver involved in a crash that killed James McNair seriously injured Tracy Morgan. (New Jersey State Police)

TRENTON, N.J. (AP) — A federal judge has ruled against a Wal-Mart driver involved in a crash that killed a comic and severely injured actor-comedian Tracy Morgan and several others.

Driver Kevin Roper had filed a motion to delay Morgan’s lawsuit against Wal-Mart stemming from the June 7 crash in New Jersey.

Roper faces criminal charges in state court. He's not a defendant in Morgan's federal lawsuit but wanted the suit delayed until his criminal case could be resolved. Roper said his right to a fair trial could be affected.

On Tuesday, a judge ruled against Roper and allowed the lawsuit to proceed.

U.S. District Judge Michael Shipp wrote that a delay would unfairly affect the parties in Morgan's suit and that Roper didn't cite relevant case law to back up his claims.