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Tag: Kevin Roper

  • 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’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’s Medical Team Is “Optimistic”

    Tracy Morgan is not out of the woods quite yet but his condition is improving.

    A spokesman for the Saturday Night Live alum reported that the actor/comedian is in critical but stable condition and that his medical team is “optimistic that his recovery is progressing.”

    Morgan’s publicist Lewis Kay said, “Today was a better day.” Kay also stated that Morgan’s fiance, Megan Wollover, has remained by his bedside and has relayed the prayers and best wishes of concerned friends, family, and fans.

    Wollover took to her personal Facebook page on Tuesday to let people know that Morgan could feel the love.

    Post by Megan Wollover.

    The 45-year-old 30 Rock star suffered a broken leg, broken nose, broken ribs, and a broken femur. His injuries are the result of a car accident that occurred on the New Jersey Turnpike on Saturday after a standup gig in Delaware. The crash claimed the life of fellow comedian and friend James McNair. Besides Morgan, Ardie Fuqua, Jeffrey Millea and Harris Stanton were injured when their limo bus was struck from behind by a Walmart truck. Stanton is the only victim that has been released from the hospital.

    The truck’s driver, Kevin Roper, has pleaded not guilty to death by auto and assault charges by auto. In a report filed by the police, Roper was said to have been awake for more than 24 hours at the time of the crash. In the state of New Jersey, a driver can be charged with vehicular manslaughter if they get behind the wheel if they have been without sleep for 24 hours. The second degree crime can carry a prison sentence of 5 to 10 years and a fine of up to $150,000.

    Morgan will most likely remain in the hospital for the next several weeks.

    Image Wikimedia Commons

  • 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