A federal judge has denied a request to delay comedian Tracy Morgan’s lawsuit against Wal-Mart stemming from a June 7 crash that killed comedian James McNair and severely injured Morgan.
Driver Kevin Roper faces criminal charges in state court and filed the motion to delay the civil case until his case is resolved,
The Associated Press reported.
Roper isn’t named in the civil case.
U.S. District Judge Michael Shipp denied Roper’s motion, saying he didn't cite relevant case law or give specific examples of how he would be adversely affected.
Morgan suffered a traumatic brain injury along with a broken leg, nose, and ribs when a Wal-Mart truck slammed into a limo van carrying Morgan and several others on the New Jersey Turnpike.
Morgan’s lawsuit accuses Wal-Mart of making Roper work excessive hours, claiming Roper hadn’t slept for 24 hours before the crash.
Roper has the option to file a new motion if he is approached for information or materials in the civil case.
Plaintiffs in the civil case charged that Wal-Mart was somehow involved in Roper’s motion and
hoped to delay the trial, the New Jersey Law Journal reported. Wal-Mart denied involvement.
Roper’s lawyer said he will appeal the court’s decision, the New Jersey Law Journal said.
Morgan, who starred in “30 Rock” and “Saturday Night Live,” continues to work toward recovery from his injuries. He was seen Jan. 31 walking with a cane to a New York hospital.
“Mr. Morgan is a fighter," his lawyer Benedict Morelli said back in November. "He's fighting to get better. If there's a chance to be back to the Tracy Morgan he once was, he is going to try to do that. We just don't know. But is he doing much better? He's doing better.”
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