Comic settles suit in fatal crash

In this April 9, 2014 file photo, actor Tracy Morgan attends the FX Networks Upfront premiere screening of "Fargo" at the SVA Theater in New York. Actor-comedian Morgan has settled his lawsuit against Wal-Mart over a New Jersey highway crash that killed one man and left Morgan and two friends seriously injured.
In this April 9, 2014 file photo, actor Tracy Morgan attends the FX Networks Upfront premiere screening of "Fargo" at the SVA Theater in New York. Actor-comedian Morgan has settled his lawsuit against Wal-Mart over a New Jersey highway crash that killed one man and left Morgan and two friends seriously injured.

NEWARK, N.J. -- Actor-comedian Tracy Morgan has settled his lawsuit against Wal-Mart over a highway crash that killed one man and left Morgan and two friends seriously injured.

A filing Wednesday in federal court in Newark refers to a confidential settlement reached by the two sides.

Bentonville-based Wal-Mart Stores Inc. called it an "amicable settlement." Details weren't disclosed.

"Wal-Mart did right by me and my family, and for my associates and their families," Morgan said in a statement from Wal-Mart and Morgan's lawyer, Benedict Morelli. "I am grateful that the case was resolved amicably."

A Wal-Mart truck slammed into the back of a limo van carrying Morgan and the others back from a show in Delaware last June. Comedian James "Jimmy Mack" McNair was killed.

Wal-Mart reached a settlement with McNair's two children in January. McNair, of Peekskill, N.Y., grew up with Morgan in New York City and was a friend and mentor to him over the years.

Wal-Mart had said earlier this year that it was working toward settlements with the victims of the crash.

"We know there is nothing we can do to change what happened to Mr. McNair," company spokesman Brooke Buchanan said in January. "We're committed to doing what's right."

The truck driver, Kevin Roper of Jonesboro, Ga., faces several criminal charges, including death by auto, in state court. He has pleaded innocent. He wasn't a defendant in Morgan's lawsuit in federal court.

Morgan, who starred on Saturday Night Live and 30 Rock, suffered what Morelli has referred to as a traumatic brain injury.

The accident also left Morgan with multiple facial fractures, a leg shattered in several places and blood in one eye.

Morelli said in March that Morgan wasn't fully recovered but was "working very hard to get better, physically, emotionally and mentally."

Limo van passengers Ardley Fuqua of Jersey City, N.J., and Jeffrey Millea of Shelton, Conn., also suffered serious injuries in the June 7 crash and were plaintiffs in the lawsuit against Wal-Mart.

According to the criminal complaint, Roper was operating the truck without having slept for more than 24 hours.

A preliminary investigation by the National Transportation Safety Board estimated that Roper was driving 65 mph in the minute before he slammed into Morgan's limo van on the New Jersey Turnpike. The speed limit on that stretch of the turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Authorities said Roper apparently failed to slow for traffic ahead and then swerved to avoid a crash, but instead his big rig smashed into the back of Morgan's limo.

Wal-Mart U.S. President Greg Foran apologized Wednesday in the statement, saying the company is "committed to doing what's right to help ensure the well-being of all of those who were impacted by the accident."

"We are deeply sorry that one of our trucks was involved," Foran said.

Information for this article was contributed by David Porter of The Associated Press and by Sophia Pearson of Bloomberg News.

A Section on 05/28/2015

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