Tracy Morgan 'Still Struggling' After Accident, Attorney Says

5:27 AM PST 08/11/2014 by Hilary Lewis
Associated Press
Tracy Morgan

Also, why is Walmart to blame for what happened to the comedian?

Tracy Morgan is battling to come back from the car accident in June that left him in critical condition. It also injured others and killed comedian James McNair.

Morgan's attorney, Benedict Morelli, appearing on Monday's Today, updated fans on Morgan's condition and their ongoing lawsuit against Walmart, filed last month, since the driver of the truck that collided with Morgan's limousine van was driven by Walmart employee Kevin Roper.

Although Morgan was in critical condition after the accident, he has since left the hospital for a rehab facility and subsequently returned home to continue his recovery.

"He's still struggling, but he's a fighter and he's had issues before that he's fought through, and he's fighting hard," Morelli said on Today.

Morelli noted that neither the initial reports that overstated Morgan's condition nor the reports now that say he's doing great are accurate.

As for the lawsuit, when asked why Roper's employer, not Roper himself, is responsible for the accident, Morelli indicated that Walmart knew and that it creates a culture in which drivers are often awake for extended periods of time due to long commutes.

"[Roper] works for Walmart, and I'm going to show, if I have to in court, that that's the culture, that that's what they set up," Morelli said. "They know and, by the way, he isn't the only driver that drives hundreds of miles to get to work. They have to make sure that this doesn't happen."

Although Walmart told Today in a statement that it is cooperating fully with the investigation, Morelli said, "I haven't seen any full responsibility from them."

He added that he's promised the families of Morgan and the other injured passengers that he would make sure Walmart takes full responsibility for what happened.

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