Tracy Morgan lawsuit against Walmart – settled

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We all remember hearing about the horrible accident comedian Tracy Morgan was in approximately a year ago that left him seriously hurt when his limousine was struck by a Wal-Mart truck going over 29 mph over the speed limit  in New Jersey.  The accident seriously injured Morgan and killed his friend and fellow comedian James McNair.  Two others in the car, comedians Ardley Fuqua and Jeffrey Millea, were also injured.  They were all named as plaintiffs in the case.   Walmart has agreed to settle a civil lawsuit brought by comedian Tracy Morgan, WEAR Channel Three News has learned.The terms of the proposed settlement were not disclosed, and will need to be approved by a federal judge in New Jersey, where the case was filed.

The Associated Press reports that there was a filing in federal court in Newark on Wednesday which referred to a confidential settlement reached by the two sides.  Morgan’s attorney, Benedict Morelli, said: “Walmart and I worked diligently to reach this settlement for the plaintiffs and their families. Walmart took full responsibility for the accident, which we greatly appreciate.”

Morgan released a settlement when the settlement was filed: “Walmart did right by me and my family, and for my associates and their families. I am grateful that the case was resolved amicably,” Greg Foran, Walmart U.S. president and CEO, said in a statement: “Our thoughts continue to go out to everyone that was involved in the accident.”

The truck driver, Kevin Roper, of Jonesboro, Georgia, faces several criminal charges, including death by auto, in state court. He has pleaded not guilty. He wasn’t a defendant in Morgan’s federal lawsuit.According to a criminal complaint, Roper was operating the truck without having slept for more than 24 hours.  A preliminary investigation by the NTSB estimated that Roper was driving 65 mph in the minute before he slammed into Morgan’s limo van on the New Jersey Turnpike. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.  Authorities said Roper apparently failed to slow for traffic ahead and then swerved to avoid a crash but instead his big rig smashed into the back of Morgan’s limo.

Morgan has not completely healed from the accident.  According to his lawyer, Morgan is still fighting and trying to life his life, and at the same time, trying to get better.  “He’s still fighting and trying to live his life at the same time and trying to get better.

In January, McNair’s family reached a settlement in a wrongful death claim with Walmart. The amount was subject to a confidentiality agreement between Walmart and McNair’s two adult children.

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