Tracy Morgan's lawsuit against Wal-Mart over a fatal accident last summer is finally being taken to court.

Driver Who Hit Comedian In Crash Seeks To Push Back Trial

Attorneys are scheduled to meet in a federal court today in Trenton, New Jersey for a scheduled conference but that may not be enough. The case may face some delay because Kevin Roper, the Wal-Mart truck driver, is trying to push the case back.

According to a report from Foxnews.com posted on Tuesday, the truck driver Kevin Roper has been charged with death by auto and is also being charged for four counts of assault by auto while Morgan is suing for punitive and compensatory damages.

Tracy Morgan Fires Back at Wal-Mart; After Super Stores' New Claims

In response to the 30 Rock star's Wal-mart is insisting that the victims' injuries are due to the fact that they were not wearing seat belts during the time of the accident.

Morgan was involved in a fatal car accident that took place last summer on the N.J. Turnpike after one of the company's trucks ran into the back of Morgan's limousine bus. The six vehicle car -crash killed comedian James "Jimmy Mack' McNair, Morgan's friend and mentor and also left three other passengers seriously injured.

Morgan, who rushed to Robert Wood Johnson University Hospital, was left with traumatic brain injury and suffered several broken bones.

According to NJ.com, the comedian broke his leg, his nose and several of his ribs and Morgan's attorney says he is still 'fighting to get better after N.J. Turnpike crash.'

Attorney Benedict Morelli said that the former Saturday Night Live star is still suffering from the injuries that he sustained from the tragic accident.

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