Update: Tracy Morgan ‘OK,’ But Walmart Lawsuit Faces Delay

Tracy Morgan is “OK,” according to fellow comedian Chris Rock, although he’s still traumatized.

Morgan has been recovering after being critically injured in a car accident, which also took the life of his friend, James McNair. He has filed a lawsuit against Walmart, which owned the tractor-trailer that hit his limousine on that fateful night. At the same time, the tractor-trailer’s driver, Kevin Roper, is fighting a criminal case for the accident, and is trying to push back Tracy Morgan’s lawsuit until it has been decided.

Not long before his accident, Tracy Morgan co-stared with Chris Rock in the new movie, Top Five. The movie was a breakout hit in the Toronto Film Festival, according to USA Today, and some of the best moments featured Tracy. After showing him the movie, Rock gave an update on Morgan’s condition.

“He’s OK. I saw him not too long ago. He doesn’t live too far from me. I went by his house and showed him a copy of the movie. He was very happy. He’s got physical therapists. There’s a lot of rehab going on. He’s traumatized — his friend died. It’s Tracy — not the most stable guy in the world to begin with.”

But Tracy Morgan has more to deal with than just his injuries.

He’s fighting Walmart in a federal lawsuit, claiming the company was negligent in allowing a driver to work despite not receiving adequate rest time.

As previously reported by the Inquisitr, Walmart is fighting back against Morgan, saying that the comedian and his friends were negligent for not wearing seat belts at the time of the accident. Still, Walmart says that it will continue to try to settle the case out of court.

If Walmart is forced to go to court, it might be another slap against the company’s notoriously bad worker conditions. That may still be for a while though, since driver Kevin Roper is trying to delay Tracy Morgan’s suit until after his criminal proceedings are finished.

According to the AP, Roper’s attorney claims that unless the schedule is changed, he will be forced to face two actions at once. Although Roper isn’t named in Tracy Morgan’s lawsuit, there are allegations against him, which, if forced to answer for, would violate his constitutional rights.

As his attorney, David Glassman, explained, “[The lawsuit] would provide a de facto additional forum through which the criminal prosecution could obtain evidence for use in the criminal trial against Roper.”

The Tracy Morgan car accident left a lot of people suffering, it looks like Roper might be one of them.

[Image Credit: David Shankbone/Wikimedia Commons]