Tracy Morgan is taking Wal-Mart to court after an accident on the New Jersey Turnpike left his friend dead and Morgan, along with several others, hospitalized -- but on a more positive note, ET can confirm the comedian is out of rehabilitation.
"Tracy has been released from the rehabilitation center and will continue his recovery efforts at home with an aggressive outpatient program," his rep tells ET. "He asked me to pass along his sincerest gratitude to everyone who has helped him get to this point. He would also appreciate some privacy during this crucial point in his recovery."
On June 7, Wal-Mart driver Kevin Roper allegedly hit a limousine van that the 30 Rock
star was riding in. Morgan, 45, is now claiming there was negligence on the store's part that led to the accident, and is also claiming that Roper fell asleep at the wheel. According to The Hollywood Reporter,
Morgan filed a lawsuit against the chain on Thursday in the U.S. District Court in New Jersey.
The suit says that Wal-Mart should have known it was "unreasonable" for Roper to have to drive 700 miles before his shift. "Additionally, there were many Wal-Mart distribution facilities closer to Mr. Roper's home -- including nine in Georgia alone -- which would have significantly reduced Mr. Ropers commute to work," the document reads. "Wal-Mart not only failed to condemn, but condoned this practice of its drivers routinely violating the F.M.S.C.A. Regulations."
Other plaintiffs in the suit include Krista Millea, wife of the late comedian James McNair who died in the accident, Morgan's assistant Jeffrey Millea and comedian Ardie Fuqua. They are suing for negligence and, in addition, Millea is suing for loss of consortium.
The plaintiffs are seeking "compensatory and statutory damages, punitive damages, legal fees, as well as pre and post-post judgment interest, among other things at a trial by jury."
"Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries," the complaint continues (via THR). "As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation."
The franchise released a statement following the accident that read: "This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries. Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair who lost his life. We are deeply sorry that one of our trucks was involved. As we've said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved."
Do you think Morgan and the others involved should sue?