Wal-Mart driver loses bid to delay Tracy Morgan crash suit

  • By David Porter Associated Press
  • Thursday, February 5, 2015 11:42am
  • LifeGo-See-Do

NEWARK, N.J. — A federal judge has ruled against a Wal-Mart driver involved in a crash that killed a comic and severely injured actor-comedian Tracy Morgan and several others.

Driver Kevin Roper had filed a motion to delay Morgan’s lawsuit against Bentonville, Arkansas-based Wal-Mart stemming from the June 7 crash in New Jersey.

Roper faces several criminal charges in state court, including death by auto, but he hasn’t been indicted yet. He’s not a defendant in Morgan’s federal lawsuit but wanted to intervene in that suit and delay it from moving forward until his criminal case could be resolved.

Roper, of Jonesboro, Georgia, said his right to a fair trial would be hampered and that he would, in effect, be on trial in the civil case even though he wasn’t a defendant. He said prosecutors in the criminal case would benefit from information that was divulged.

On Tuesday, a judge ruled against Roper and allowed the lawsuit to proceed.

U.S. District Judge Michael Shipp wrote that a delay would unfairly affect the parties in Morgan’s suit and that Roper didn’t cite relevant case law to back up his claims or give specific examples of how he would be adversely affected. He did give Roper the option to file another motion if information or materials are requested from him for the lawsuit while his criminal case is unresolved.

Comedian James McNair was killed in the crash on the New Jersey Turnpike, while Morgan and two others were seriously injured. Wal-Mart reached a monetary settlement with McNair’s two children two weeks ago; the amount hasn’t been disclosed.

A preliminary investigation by the National Transportation Safety Board said Roper was driving 65 mph in the 60 seconds before he slammed into the van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Life

Brandon Hailey of Cytrus, center, plays the saxophone during a headlining show at Madam Lou’s on Friday, Dec. 29, 2023 in Seattle, Washington. (Olivia Vanni / The Herald)
Lynnwood-based funk octet Cytrus has the juice

Resilience and brotherhood take center stage with ‘friends-first’ band.

FILE - In this April 11, 2014 file photo, Neko Case performs at the Coachella Music and Arts Festival in Indio, Calif. Fire investigators are looking for the cause of a fire on Monday, Sept. 18, 2017, that heavily damaged Case’s 225-year-old Vermont home. There were no injuries, though a barn was destroyed. It took firefighters two hours to extinguish the blaze. (Photo by Scott Roth/Invision/AP, File)
Music, theater and more: What’s happening in Snohomish County

Singer-songwriter Neko Case, an indie music icon from Tacoma, performs Sunday in Edmonds.

Sarah Jean Muncey-Gordon puts on some BITCHSTIX lip oil at Bandbox Beauty Supply on Tuesday, Jan. 9, 2024, in Langley, Washington. (Ryan Berry / The Herald)
Bandbox Beauty was made for Whidbey Island locals, by an island local

Founder Sarah Muncey-Gordon said Langley is in a renaissance, and she’s proud to be a part of it.

Dominic Arizona Bonuccelli
Tangier’s market boasts piles of fruits, veggies, and olives, countless varieties of bread, and nonperishables, like clothing and electronics.
Rick Steves on the cultural kaleidoscope of Tangier in Morocco

Walking through the city, I think to myself, “How could anyone be in southern Spain — so close — and not hop over to experience this wonderland?”

Byrds co-founder Roger McGuinn, seen here in 2013, will perform April 20 in Edmonds. (Associated Press)
Music, theater and more: What’s happening in Snohomish County

R0ck ‘n’ Roll Hall of Famer Roger McGuinn, frontman of The Byrds, plans a gig in Edmonds in April.

Mother giving in to the manipulation her daughter fake crying for candy
Can children be bribed into good behavior?

Only in the short term. What we want to do is promote good habits over the course of the child’s life.

Speech Bubble Puzzle and Discussion
When conflict flares, keep calm and stand your ground

Most adults don’t like dissension. They avoid it, try to get around it, under it, or over it.

The colorful Nyhavn neighborhood is the place to moor on a sunny day in Copenhagen. (Cameron Hewitt)
Rick Steves: Embrace hygge and save cash in Copenhagen

Where else would Hans Christian Andersen, a mermaid statue and lovingly decorated open-face sandwiches be the icons of a major capital?

Last Call is a festured artist at the 2024 DeMiero Jazz Festival: in Edmonds. (Photo provided by DeMiero Jazz Festival)
Music, theater and more: What’s happening in Snohomish County

Jazz ensemble Last Call is one of the featured artists at the DeMiero Jazz Festival on March 7-9 in Edmonds.

Kim Helleren
Local children’s author to read at Edmonds Bookshop

Kim Helleren will read from one of her books for kids at the next monthly Story Time at Edmonds Bookshop on March 29.

Chris Elliott
Lyft surprises traveler with a $150 cleaning charge

Jared Hakimi finds a $150 charge on his credit card after a Lyft ride. Is that allowed? And will the charge stick?

Inside Elle Marie Hair Studio in Smokey Point. (Provided by Acacia Delzer)
The best hair salon in Snohomish County

You voted, we tallied. Here are the results.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.