Over a month after being involved in a fatal car wreck that resulted in multiple injuries and the death of his mentor and writing partner James McNair, Tracy Morgan has not only made enough physical progress to leave rehab and move back home, but according to the LA Times he’s also filed a lawsuit against Walmart for negligence with the tractor trailer driver who caused the accident. According to the lawsuit, “Walmart knew or should have known” that driver Kevin Roper – who has pled not guilty to one count of death by auto and four counts of assault by auto – had been awake for over 24 consecutive hours when he struck the limo van transporting Morgan and the other plaintiffs of the suit including comedian Ardie Fuqua, Morgan’s assistant Jeffrey Millea, and Millea’s wife Krista, who was eight months pregnant at the time of the crash and is suing for loss of consortium. Roper was reportedly driving 20 miles over the speed limit on the New Jersey Turnpike when the crash occurred.
As for Morgan’s physical progress, he suffered multiple fractures in the crash which required multiple surgeries and “significant physical rehabilitation.” Morgan’s rep Lewis Kay said in a statement over the weekend that Morgan will continue physical rehab at home through “an aggressive outpatient program.” Walmart also released a statement saying they are “deeply sorry that one of our trucks was involved” and “cooperating fully in the ongoing investigation. 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.”