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Tracy Morgan lawsuit

A lawyer for Tracy Morgan says the actor-comedian is still recovering from a brain injury sustained in a highway crash in New Jersey that killed one of his friends James "Uncle Jimmy Mack" McNair of Peekskill more than five months ago.

Lawyer Benedict Morelli said Tuesday the former "Saturday Night Live" and "30 Rock" star is recovering from a traumatic brain injury suffered in the June 7 crash on the New Jersey Turnpike.

Lawyers were in court in New Jersey for a scheduling conference in Morgan's lawsuit against Wal-Mart.

Morgan wasn't at Tuesday's proceeding, which was convened to settle on a schedule.

A Wal-Mart truck slammed into the back of a limo van that was carrying Morgan and several friends on their way from a show in Delaware. McNair, 62, who performed as Jimmy Mack, died when the limo was hit from behind by the truck on the New Jersey Turnpike. Morgan suffered a broken leg, broken nose and broken ribs and spent several weeks in the hospital and in rehab. Three others were injured, two seriously.

Apparently, the driver of the truck didnt sleep for 24 hours prior to the acident.  That really is criminal, if true.  And, apparently, the driver is fighting criminal charges in New Jersey.  

I think the key to the case will be whether the lawyers can pin blame on Walmart.  Generally, in these cases, the driver will have a $1,000,000 insurance policy.  But, here, the injuries are tremendous.  One person died.  And Tracy Morgan has terrible injuries and i'm sure his loss of income will be the millions.  The $1,000,000 trucker's policy will never be able to cover that.  The key, then, will be whether the lawyers can show Wallmart knew or should have known that the trucker handt slept in so long.  Thats a hard case to prove.  They will need some kind of a smoking gun -- maybe a former employee can testify that Walmart knew what was going on.  In any event, it will be interesting story to follow.    

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