Tracy Morgan's lawyer Benedict Morelli sat down with TODAY show anchor Matt Lauer on Monday, and gave an update on the actor's condition and his lawsuit against Wal-Mart following his horrific accident.
"He's still struggling, but he's a fighter," Morelli said of the 30 Rock star. "He's had issues before that he's fought through and he's fighting hard."
Morgan's attorney addressed the online rumors that ranged from reports that he was dead to gossip that his leg was amputated to more recently that he is doing great. "None of those things are true or accurate," Morelli revealed.
On June 7, Wal-Mart driver Kevin Roper allegedly hit a limousine van that Morgan
was riding in. The 45-year-old actor 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. Morgan filed a lawsuit against the chain 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."
Lauer laid into Morelli about why he's going after Wal-Mart and not Roper regarding the claims that he was overworked and fell asleep at the wheel. "Because he works for Wal-Mart, and I intend to show if I have to in court that that's the culture. That's what they set up. ...They have to make sure that this doesn't happen [again]," the attorney explained. "There are 75 deaths a day from big-rigs. It's been increasing."
Wal-Mart says they are "coroporating fully with the ongoing investigation."