TRENTON, N.J., Dec. 15 (UPI) -- A federal judge ruled Friday that Tracy Morgan's lawsuit against Walmart will not be delayed.
The lawsuit is related to a car crash in June on the New Jersey Turnpike that killed Morgan's friend, comedian James McNair. The defendant, Kevin Roper, was trying to delay the trial while he focused on separate legal issues, but the judge refuses to delay it.
Morgan's lawyers believe Walmart is trying to delay the case.
Roper was driving the Walmart truck that crashed into the limo bus Morgan and friends were occupying. Morgan believes Walmart is at fault, since the company allegedly had the driver working without having slept for over 24 hours.
Morgan is still hospitalized, due to a brain injury, and it is still unclear if he will make a full recovery.
Morgan and his friends were not wearing seat belts when the crash occurred. Roper was allegedly driving his truck at 65 mph in a 45 mph zone when the truck collided with the limo.
Roper has been charged with death by vehicle, as well as four counts of assault by vehicle.
Morgan is known for his roles in the television shows Saturday Night Live and 30 Rock.