Tracy Morgan condition update: Morgan spotted walking with a cane in New York

Tracy Morgan [Photo credit: Tracy Morgan | Twitter]

The tragic vehicle accident last June 7, 2014 left comedian Tracy Morgan severely injured and fellow comedian James McNair dead. A Wal-Mart truck crashed into the bus the two performers were riding, killing McNair upon impact. The McNair family was seeking for compensation for the damages that the accident has brought upon the family. 

Fast forward to Jan. 21, 2015, McNair a.k.a. Jimmy Mack found justice. According to Reuters, Wal-Mart Stores Inc. has agreed to an out-of-court settlement and will give McNair's family just compensation. The amount of the settlement is undisclosed. 

The incident happened in Delaware, New Jersey, where McNair and Morgan were set to perform. While in the limousine bus, the comedians' main form of transportation, a Wal-Mart truck rear-ended the van, immediately causing the death of McNair and leaving Morgan with broken bones and a brain injury. 

In the legal resolution, Wal-Mart did not admit liability, even going as far as saying that McNair and Morgan weren't wearing seat belts. However, the company does accept responsibility. 

Daryl Zaslow, the lawyer of McNair's children Jamel and Danite, said in a statement: "We know there is nothing we can do to change what happened to Mr. McNair, but Wal-Mart and his family have worked closely together to reach an agreement. Wal-Mart will continue to work to conclude all of the remaining issues and we're committed to doing what's right." 

He told The Chicago Tribune, "[Walmart] accepted their responsibility by making this family more than whole. They caused extensive damage to this family and more than stepped up to the plate and took care of this family. Ultimately they did the right thing by the McNairs." 

As for Morgan's lawsuit, that hasn't been settled yet. Right now, the focus is for Morgan to recover and get back on his feet. And it appears like he is indeed a fighter. Earlier this week, he was spotted walking with a cane headed to a New York hospital. 

Meanwhile, Kevin Roper, the driver of the truck, is trying to delay the lawsuit against him. Judge Michael Shipp didn't allow it as it will be unfair to the affected parties involved. 

Apparently, the preliminary investigation showed that Roper was driving the Wal-Mart truck at a speed of 65 mph when he crashed into the limo bus of the comedians. The speed limit on that specific street is only 55 mph, which was even reduced to 45 mph that time due to an ongoing construction on site.

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