In the latest information of Tracy Morgan's tragic accident, the driver in the other vehicle has requested to postpone the case.

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According to Billboard, Kevin Roper's legal team filed papers with the federal court to push back the trial in hopes to await the results of a criminal case he is up against.

He has entered a not guilty plea in the accident that left Morgan and another passenger critically injured and killed James McNair. His lawyer said that moving the case forward now would cause Roper to have to stand up for two separate actions at the same time.

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Lawyer David Glassman stated that this would violate Roper's constitutional rights.

"Because it would provide a de facto additional forum through which the criminal prosecution could obtain evidence for use int he criminal trial against Roper."

Morgan has taken legal action against Wal-Mart, the company that has ownership of the tractor-trailer vehicle Roper was driving. The 30 Rock actor wants to be paid for the punitive and compensatory damages he received as a result of the accident. While Roper is not on the list of defendants, his name is brought up in the Morgan's case.

The National Transportation Safety Board has looked into the accident that occurred on June 7. They found that Roper was going 65 mph just 60 seconds before he hit the vehicle that carried Morgan and his team. He was driving 10 miles above the original speed limit of 55 mph. However, that evening it was 45 mph due to construction.

Story developing.