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Tag: James McNair

  • Tracy Morgan Lawsuit Won’t Be Delayed

    Tracy Morgan Lawsuit Won’t Be Delayed

    Tracy Morgan was seriously injured and his friend and fellow comic James McNair was killed when a Walmart truck hit their tour bus from behind back in June. The driver of that truck, Kevin Roper, sought to have the lawsuit filed by Tracy Morgan delayed. A federal judge has now ruled against that delay.

    Page Six reports that Kevin Roper wanted to intervene in the lawsuit (the suit is against Walmart and not Roper) and delay it from moving forward until his criminal case could be resolved. He believes his right to a fair trial will be hampered if the lawsuit proceeds.

    U.S. District Judge Michael Shipp wrote in his ruling that a delay would ‘unfairly affect the parties in Morgan’s suit and that Roper didn’t cite relevant case law to back up his claims or give specific examples of how he would be adversely affected.’ Shipp gave Roper the option to file another motion if information or materials are requested from him for the lawsuit while his criminal case is still unresolved.

    Walmart has reached a settlement with the children of James McNair, but that amount has yet to be disclosed.

    The results of a preliminary investigation by the National Transportation Safety Board say Kevin Roper was driving 65 miles per hour in the 60 seconds before he slammed into the van that carried Tracy Morgan, James McNair, and comics Harris Stanton and Ardie Fuqua. The speed limit on that stretch of the New Jersey Turnpike is 55 miles per hour and was lowered to 45 miles per hour on the night of the crash because of construction.

    Tracy Morgan sustained injuries that may be life lasting in the crash. The last time he was spotted out in public, he was still getting around with the aid of a walker. It will be interesting to see how a jury of his peers finds Kevin Roper.

    It’s uncertain when his case will go to trial.

  • Tracy Morgan Spotted Out in N.J., Using Walker

    Tracy Morgan Spotted Out in N.J., Using Walker

    Tracy Morgan was spotted out and about for the first time since sustaining critical injuries in a serious highway crash in June, when the luxury van in which he was riding was crashed into by a truck owned by Walmart. The 30 Rock star was seen in New Jersey on Wednesday, and was getting around with the aid of a walker.

    Morgan’s lawyer told reporters in November that the actor and comedian is still struggling with his recovery. He suffered a broken leg, broken femur, broken nose, and broken ribs in the crash that killed his good friend and fellow comedian James McNair.

    “Mr. Morgan is a fighter,” Benedict Morelli told reporters outside a federal courthouse in Trenton, New Jersey, after attending a meeting with Walmart’s attorneys last month. “He’s fighting to get better. If there’s a chance to be back to the Tracy Morgan he once was, he is going to try to do that. We just don’t know. But is he doing much better? He’s doing better.”

    The accident that injured Tracy Morgan and killed McNair occurred almost six months ago when the Walmart truck driver slammed into the back of Morgan’s limo on the New Jersey Turnpike. Tracy Morgan was being chauffeured on his return from a tour date in Delaware.

    Morgan filed a lawsuit against Walmart claiming the company was “careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries.” Walmart has since filed a countersuit, faulting Tracy Morgan for not wearing a seatbelt.

    While it’s good to see Tracy Morgan is able to get out, it’s sad seeing the vital, hilarious comic suffering and struggling to get around with a walker. While some reports say he may never fully regain his former abilities, everyone hopes his ongoing therapies are least somewhat successful and serve to help him get back as much of his mobility and cognitive ability as possible.

  • Tracy Morgan’s Lawsuit Against Walmart Being Hampered By Truck Driver

    Tracy Morgan’s Lawsuit Against Walmart Being Hampered By Truck Driver

    Kevin Roper, the truck driver charged in the New Jersey highway crash that injured Tracy Morgan and killed comedian James McNair, is seeking a delay in the federal lawsuit against Walmart pending the outcome of his criminal case in state court. According to reports, Roper’s attorney filed the request on Friday, November 14. Roper has pleaded not guilty to one count of death by auto and four counts of assault by auto.

    According to Roper’s attorney, David Glassman, letting the federal case proceed will force Roper to defend two actions at the same time and that it would affect Roper’s constitutional rights because it would “provide a de facto additional forum through which the criminal prosecution could obtain evidence for use in the criminal trial against Roper”. However, it should be noted that Roper is not named as a defendant in the federal case against Walmart.

    Back in July, Morgan sued Walmart for criminal negligence after it was found out that Roper, who was hired to drive the truck for the company, had been awake for more than 24 hours and fell asleep behind the wheel at the time of the accident. Walmart contends that Morgan was at fault because he wasn’t wearing his seatbelt when the crash took place.

    The accident happened when Morgan was returning from a performance in Delaware back in June. The former Saturday Night Live and 30 Rock star suffered leg and rib injuries and he spent several weeks in rehab. According to Morgan’s lawyer, the comedian is having a “tough time recovering from his injuries” and that he may never perform again as a result.

    During a preliminary investigation of the accident, it was revealed that Roper was driving 65 mph before he slammed into Morgan’s van. The speed limit on that particular stretch of the New Jersey turnpike was 55 mph and was lowered to 45 mph due to construction in the area.

  • Tracy Morgan Crash: Driver Seeks to Delay Lawsuit

    Tracy Morgan Crash: Driver Seeks to Delay Lawsuit

    Tracy Morgan was seriously injured and James McNair was killed when Kevin Roper slammed into the limo van in which they were traveling back in June. Now Roper has filed a request to delay a federal lawsuit. His criminal case will proceed. Roper’s attorney filed a motion asking to put Tracy Morgan’s lawsuit on hold pending the outcome of Kevin Roper’s criminal case.

    Kevin Roper has pleaded not guilty to one count of death by auto and four counts of assault by auto in the June 7 crash. Tracy Morgan suffered leg and rib injuries. He spent several weeks in the hospital as well as in rehab. Three other passengers in the limo van were injured, two of them seriously. Fellow comedian James McNair was killed.

    Roper’s attorney, David Glassman, contends that letting the federal case proceed would force his client to defend two actions at once, even though he isn’t named in Morgan’s lawsuit.

    Tracy Morgan filed a lawsuit against Walmart, which owns the truck Kevin Roper was driving. He is seeking punitive and compensatory damages. Kevin Roper is not named as a defendant in the suit, though allegations are made against him.

    A preliminary investigation by the National Transportation Safety Board said Kevin Roper was driving 65 mph in the 60 seconds before he slammed into the van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph. It was lowered to 45 mph the night of the crash because of construction.

    Tracy Morgan–of Saturday Night Live and 30 Rock fame–was traveling home from a show in Delaware when the truck hit his limo van.

  • Tracy Morgan Transferred to Rehab Facility Following Fatal Crash

    Tracy Morgan Transferred to Rehab Facility Following Fatal Crash

    Tracy Morgan was transferred to a rehab facility after spending almost two weeks in a New Jersey hospital following a fatal crash that took the life of his friend and comedy writer James McNair. It was back on June 7th that the tour bus Morgan and McNair, as well as several others, were riding in was hit from behind while traveling on the New Jersey Turnpike. Morgan sustained serious injuries and was listed in critical condition for more than a week. Morgan’s publicist didn’t disclose the name of the rehab facility or where it is located, however he made a statement regarding the stand-up comedian and SNL alum’s medical progress.

    “While he is continuing to show signs of improvement, he still has a long way to go,” the rep said. “He and [his fiance] Megan wanted to publicly express their deepest gratitude to everyone at Robert Wood Johnson University Hospital for the unbelievable care and attention they provided him.”

    Nine days after the crash both Tracy Morgan and his assistant Jeff Millea were upgraded from critical to fair condition.There has been no further update about comedian Ardie Fuqua, Jr., who was also in critical condition following the crash.

    The Walmart truck driver accused of causing the fatal crash has been charged with vehicular homicide. Kevin Roper pleaded not guilty and is presently out on bail.

    Earlier this week it was determined by the National Transportation Safety Board that Roper had been speeding at the time he crashed his truck into the tour bus. He was going 65 miles per hour–20 miles per hour over the posted speed limit. He also hadn’t slept in more than 24 hours at the time the crash took place.

    While it’s certainly encouraging news to learn that Tracy Morgan’s condition has improved enough to allow his transfer to a rehab facility, it’s important to remember that James McNair’s family is still grieving. Had Kevin Roper simply obeyed the laws of the road, perhaps neither of these sad situations would have come into play.

    Image via Wikimedia Commons

  • Tracy Morgan Still Critical But Improving

    Tracy Morgan Still Critical But Improving

    Tracy Morgan is still in critical condition in a New Jersey hospital following a crash on the New Jersey Turnpike last weekend that took the life of his writer, friend, and fellow comedian James McNair. Morgan broke a leg, a femur, his nose, and several ribs in the crash caused by a tractor trailer driver hitting his tour bus from behind.

    “Today was a better day,” a rep for Tracy Morgan said in a statement to the media on Thursday. “While Tracy remains in critical, but stable, condition, he continues to show signs of improvement. His medical team remains optimistic that his recovery is progressing.”

    The rep also said that Morgan’s fiancee Megan Wollover “remains by his side and is relaying the countless good wishes and prayers that his family, friends and fans have been sending their way. ”

    “In addition, Jeff’s wife asked us to pass along that Jeff has also shown much improvement over the past few days,” Morgan’s rep added. “She is very thankful for the love and support she and their family continue to receive.”

    43-year-old stand-up comedian Ardie Fuqua, Morgan’s assistant Jeff Millea, and comic Harris Stanton were also injured in the crash. Stanton was treated and released while Fuqua and Millea remain hospitalized.

    James McNair–often known as Jimmy Mack or Uncle Jimmy Mack–was laid to rest on Thursday. He was honored at a memorial service held at the Paramount Theater in Peekskill, New York. During the service fellow comics called McNair’s teenage daughter to the stage. Danita McNair is about to graduate from high school and her father was trying to put together enough funds for a prom dress for her. The comedians took up an impromptu collection and presented Danita with $500. She was too overcome with emotion to speak. McNair’s son Jamel, however, said the service is exactly what his dad would have wanted.

    “Positivity and unity is what my dad would want everyone to take away from this,” he said afterward. “Love everyone. Say hello to everyone. My dad made sure he said hello to everyone he saw.”

    Tracy Morgan would have wanted to be at James McNair’s funeral so he could have said goodbye to his dear friend. If he is aware that the funeral was Thursday it was no doubt a very difficult day for the former SNL star.

    Even though Tracy Morgan will no doubt spend several more weeks hospitalized it sounds like his survival is a definite and initially even that sounded like it held significant uncertainty. His road to recovery will likely be a slow and painful one, but with the love of his family and good medical care he will persevere and one day make fans laugh again. As the old adage goes, laughter is the best medicine. May it prove so in Tracy Morgan’s healing.

    Image via Wikimedia Commons

  • Tracy Morgan: Condition Updated Following Fatal Crash

    Tracy Morgan sustained critical injuries in a crash very early on Saturday morning on the New Jersey Turnpike. That crash killed his friend and comedy writer James McNair–also known as Jimmy Mack. This new information about Morgan’s condition was only recently released and is the first mention of anything other than a statement noting that he was in critical condition.

    A spokesperson–Tracy Morgan’s publicist Lewis Kay–said as of Sunday afternoon that the actor and comedian is “more responsive.” He had surgery on a broken leg early on Sunday and is expected to remain in the hospital for “several weeks.” In addition to the leg on which he had surgery he suffered a broken femur, a broken nose, and several broken ribs. His condition is still deemed critical.

    Kay added that Morgan’s family is “tremendously overwhelmed and appreciative of the outpouring of love and support from his fans.”

    Also critically injured in the crash were Jeffrey Millea, 36, of Shelton, Connecticut, and comedian Ardie Fuqua Jr., 43, of Jersey City, New Jersey. Comic Harris Stanton was treated and released on Saturday.

    Ardie Fuqua’s mother Doris visited her son at Robert Wood Johnson Hospital on Saturday.

    “We’re hoping for the best,” she said of his condition, adding that she doesn’t know how long he will need to stay in the hospital. “It’s too early to tell.”

    Comedian Kevin Hart credits Tracy Morgan for paving the way for him and many fellow comics who now make their livings as entertainers.

    “We just want him to get better and to get back to everyone that loves him and get back to doing what he does best, making people laugh,” Hart said.

    He tweeted out a prayer request for his fellow comic as well.

    Oprah Winfrey’s best friend Gayle King asked her followers to keep Tracy Morgan in their hearts.

    Dog the Bounty Hunter, a.k.a. Duane Chapman, also shared his prayer request for Tracy Morgan.

    While the news about Tracy Morgan’s present condition sounds more positive it certainly sounds like the SNL alum still isn’t out of the woods. Even once his condition is officially upgraded it sounds like he has several weeks–if not months–of rehab ahead of him.

    Image via Facebook

  • Tracy Morgan, Two Members of Tour Still Critical

    Tracy Morgan and two members of his entourage remain in critical condition as of Sunday morning, according to Robert Wood Johnson Hospital spokeswoman Zenaida Mendez. He and his friends and fellow comedians had left a show in Delaware when their tour limo was hit by a tractor trailer. James McNair–longtime friend and comedian who went by ‘Jimmy Mack’ for most comedy gigs–was killed in the accident.

    Tracy Morgan’s publicist Lewis Kay kept the media apprised of the comedian and actor’s condition as of Sunday morning, too.

    “Tracy remains in critical condition,” he wrote in an email statement.

    Jeffrey Millea of Shelton, Conntecticut and Ardie Fuqua, Jr., who is also a comedian, were still listed in critical condition as of Sunday morning as well. Comedian Harris Stanton was treated and released from the hospital on Saturday with minor injuries.

    Even though Tracy Morgan, Jeffrey Millea, and Ardie Fuqua are listed as critical, the media hasn’t yet received word of the extent of their injuries.

    Twitter followers have remained faithful–sharing prayers and words of encouragement for Tracy Morgan and his family as well as for the family of James McNair. Maria Menounos, Nicki Minaj, Henry Winkler, and Kevin Nealon shared the following posts.

    Fans awaiting word on Tracy Morgan’s condition are likely checking internet posts and TV reports frequently in hopes of learning some good news. Meanwhile the family of James McNair is preparing to say their goodbyes to a loved one. The driver of the tractor trailer that hit the limo has been charged and is out of jail on bail. He likely is suffering, too. He is, after all, responsible for taking a life.

    Image via YouTube

  • Tracy Morgan Still Critical, Truck Driver Charged in Crash

    Tracy Morgan is still listed in critical condition from a crash early Saturday morning that killed fellow comic James ‘Jimmy Mack’ McNair. 35-year-old Kevin Roper of Jonesboro, Georgia has been charged with death by auto in connection with the crash as well as with four counts of assault by auto. His bail has been set at $50,000. Tracy Morgan was returning from a performance at a stand up comedy show in Delaware when Roper slammed into his limo bus on the New Jersey Turnpike. McNair was confirmed dead at the scene. Morgan and one other passenger were airlifted to the hospital while two others were taken to a nearby hospital by ambulance. The limo driver and his assistant were unharmed.

    New Jersey State Police Sgt. 1st Class Greg Williams said Kevin Roper apparently failed to notice slow traffic ahead of him around 1:00 A.M. on Saturday. He swerved at the last minute in an attempt to avoid a crash but crashed into the limo instead, causing it to crash into a second tractor trailer and causing a chain reaction accident involving six vehicles.

    James McNair wasn’t only a fellow comic, but was also one of Tracy Morgan’s writers and a dear friend, too–as well as as friend of Morgan’s ex-wife Sabina Morgan.

    “He was one of the first comedians that took Tracy under his wing,” Sabina Morgan said. “They were very close.”

    Royale Watkins is a Los Angeles based comedian who had appeared with both Tracy Morgan and James McNair.

    “There may be guys like Tracy who get the fame and notoriety, but you have people like Jimmy Mack who have kind of energized and fueled cats like Tracy and kept them going on the road,” Watkins said.

    Tracy Morgan began working his comedy routines on the streets in Brooklyn where he grew up fatherless. He helped support his family’s welfare income by making others laugh. He referred to his gift of comedy as a “defense mechanism” several years back. His tough childhood and teen years are often rehashed with a humorous slant during his routines.

    Although Morgan has battled alcoholism in recent years he was in good health prior to the car crash that killed his friend. He underwent a kidney transplant in 2010 that prevented him from daily dialysis treatments.

    Hopefully Sunday’s news will bring positive updates on Tracy Morgan’s condition, as well as the condition of those injured in the crash along with him. James McNair’s family no doubt needs everyone’s prayers.

    Kevin Roper is likely getting very little sleep as of Saturday night. Not only does he face serious legal ramifications, he will forever know he was responsible for taking James McNair’s life.

    Image via Wikimedia Commons