Tracy Morgan’s lawsuit against Wal-Mart can now continue after a judge refused a motion to delay the case. The delay came from the defense for Kevin Roper, the driver involved in the accident who is also facing criminal charges in a separate case. From Yahoo:
Roper, of Georgia, isn’t named as a defendant but is facing criminal charges. He wanted the suit delayed until his criminal case was resolved.
U.S. District Judge Michael Shipp, though, said Roper failed to show he requires “emergent relief.”
Roper’s attorney, David Glassman, said the civil case can taint his client’s criminal case if it’s allowed to proceed first. He said Roper will, in effect, be on trial in the civil case since he was driving the truck.
Glassman said there’s still a motion pending that seeks to allow Roper to enter the lawsuit. Allowing him to join it would give him a chance to defend himself, Glassman said.
There have been claims that Wal-Mart has been attempting to stall the case in an effort to not disclose their safety practices, but the store has not commented on the accusations.
The accident has had a lasting effect on Morgan, putting his career in jeopardy, taking the life of fellow comedian James McNair, and injuring several others. With this delay out of the way, there might be some semblance of closure on the horizon.
(Via Yahoo / AP / Fox Atlanta)