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Tracy Morgan sues Walmart over tragic highway accident

Tracy Morgan sues Walmart over tragic highway accident
Photo by Jemal Countess/Getty Images

According to Fox News on Saturday, Tracy Morgan has been released from a rehabilitation facility and will continue his recovery at home with an "aggressive outpatient program." Morgan is suing Walmart over the highway accident that occurred on the New Jersey Turnpike on June 7, where the former "30 Rock" star suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind by a Walmart truck on the New Jersey Turnpike. James McNair, 62, known as Jimmy Mack, was another comedian friend riding in the limousine with Morgan was killed.

Lawyers for Morgan filed a lawsuit last Thursday in United States District Court in New Jersey claims that the Bentonville, Arkansas-based Walmart Stores was negligent when one of its tractor-trailer drivers crashed into the limousine in which Morgan was traveling. The lawsuit asserts that Walmart should have known the driver of the tractor-trailer had been awake for more than 24 hours, and the driver’s 700-mile commute from his home in Georgia to his work in Delaware was unreasonable. Additionally, the lawsuit makes the allegation that the driver fell asleep at the wheel of the vehicle which caused the deadly crash. All of these are complaints against the retail chain because of Walmart’s gross, reckless, willful, wanton, and intentional conduct.

Morgan's lawsuit seeks a jury trial and punitive and compensatory damages. In a statement issued Saturday, Walmart reiterated that it was "cooperating fully" in the ongoing investigation. A statement from Walmart says, "We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved."

Passengers in the limousine involved in the crash are also plaintiffs named in the lawsuit. They are comedian Ardley Fuqua, Jeffrey Millea and Krista Millea. Morgan, the former star of “30 Rock” and “Saturday Night Live,” is still in rehabilitation with a broken leg and broken ribs caused by the crash. At one time there was a hoax that Morgan had died, and another rumor was that he would lose his leg. Fuqua is also still recovering from injuries that were caused by the accident.

Kevin Roper, the 36-year-old truck driver from Jonesboro, Georgia who was driving at the time of the accident, has pleaded not guilty to death by auto and assault by auto charges in the incident, according to Yahoo! News. The criminal complaint against Roper also accuses him of having not slept for more than 24 hours prior to the accident. Not sleeping for that length of time and operating a vehicle is against the law in New Jersey. Roper was on the job for some 13 and 1/2 hours when the accident occurred. Federal rules allow truck drivers to work up to 14 hours a day but only a maximum of 11 hours behind the wheel.

A report by federal transportation safety investigators indicates that Roper was driving at an excessive speed. He was said to have been driving 65 miles per hour in the 60 seconds before the accident occurred. The speed limit on that part of the turnpike is 55 miles per hour but was lowered to 45 miles per hour at the time of the accident due to construction in the area.

Fans of Morgan are thrilled about his progress and can't wait to see him perform again.

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