"He's still struggling," attorney Benedict P. Morelli told TODAY's Matt Lauer. "But he's a fighter. He's had issues before that he's fought through, and he's fighting hard."
The June 7 accident occurred when a Walmart tractor-trailer plowed into the rear of Morgan's limo van. Comedian James "Jimmy Mack" McNair, a passenger in the limo, was killed. Injured along with Morgan were comedian Ardie Fuqua and Morgan's assistant Jeffrey Millea. The truck's driver, Kevin Roper, pleaded not guilty to criminal charges of vehicular homicide and assault.
Last month, Morgan and his fellow crash survivors filed a lawsuit against Walmart Stores Inc. in U.S. District Court in New Jersey, alleging that Roper had been awake for over 24 hours and in the midst of long shift that exceeded federal safety limits when the crash occurred — working conditions that Morelli says are the norm for Walmart truckers.
"I'm going to show if I have to in court that that's the culture (at Walmart)," Morelli told Lauer. "That's what they set up. They know. ... They have to make sure that this doesn't happen."
In response to the lawsuit — which seeks punitive and compensatory damages — Walmart issued a statement that read, in part, "We are cooperating with the ongoing investigation and working to resolve all of the remaining issues as a result of the accident." The statement went on to say that Walmart would take "full responsibility" if the company's driver was found to be at fault.
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