Wal-Mart Driver Appeals in Bid to Delay Tracy Morgan Crash Lawsuit

A Wal-Mart driver involved in a New Jersey highway crash that killed a comic and severely injured actor-comedian Tracy Morgan has asked a judge to reconsider her decision not to delay Morgan's lawsuit against the company.

Truck driver Kevin Roper isn't a defendant in Morgan's lawsuit against Bentonville, Ark.-based Wal-Mart Stores Inc., but he wants to intervene to delay it from moving forward until his criminal case is resolved. He filed his appeal Monday.

Driver in Tracy Morgan Crash Loses Bid to Delay Case

Roper faces criminal charges in state court. He says his right to a fair trial could be affected and delaying the lawsuit would protect his interests.

U.S. Magistrate Judge Lois Goodman wrote this month a delay would unfairly affect the parties in Morgan's lawsuit and Roper didn't cite relevant case law to back up his claims.

Wal-Mart has said the crash victims weren't wearing seatbelts.