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Tracy Morgan 'still struggling' to recover after car crash

RECOVERING: Comedian Tracy Morgan

COMEDIAN TRACY Morgan still hasn't recovered from the injuries he sustained in a car crash with a truck, according to his lawyer.

The 45-year-old comedian's attorney appeared on the Today show today (July 11) to give an update on Morgan's condition and speak about their current lawsuit against WalMart, whose truck driver caused the deadly crash.

"He's still struggling but he's a fighter," attorney Benedict Morelli said.

The star was released from hospital on July 15 - five weeks after the tragic accident. He has been continuing his recovery at home with an "aggressive outpatient program," his spokesman Lewis Kay said.

The 30 Rock star and his entourage were being chauffeured from a show in Delaware back to New York City at about 1am on June 7 when a Walmart truck driver rear-ended their limousine bus and caused the fatal collision. The wreck killed comedian James McNair, who went by the stage name Jimmy Mack.

Morgan's assistant, Jeffrey Millea and comedian Ardie Fuqua Jr were also injured in the crash.

On July 10, Morgan's lawyers sued Walmart for negligence, claiming the retailer should have known that its driver, Kevin Roper, had been awake for more than 24 hours and that a 700-mile commute from his home in Georgia to work in Delaware was "unreasonable".

"As a result of WalMart's gross, reckless, wilful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," court papers said.

The truck driver has separately pleaded not guilty to charges of death by auto and assault by auto charges.

Prosecutors said Roper had not slept for more than 24 hours before the crash on the New Jersey Turnpike, when he swerved to avoid traffic that had slowed down, ploughing into Morgan's limo bus.

A report by the National Transportation Safety Board, said Roper had been driving at 65mph in a 45mph construction zone shortly before the crash.

He had been on the clock for 13-and-a-half hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.
In a statement issued last month, WalMart said it was "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," the retailer said.

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