Family Of Tracy Morgan’s Friend James McNair Who Died In Deadly Crash Settles With Walmart

January 22, 2015  |  

The New  York Daily News reports that the family of Tracy Morgan’s friend, comedian James McNair, has settled their case with Walmart. McNair was killed in the June car crash that severely injured Morgan.

The settlement was made out-of-court between the company and the estate of  McNair. It is the first settlement to come from the June 7th accident during which a speeding Walmart truck crashed into a limo van carrying Morgan and others home from a performance in Delaware.

The settlement was reached without the family filing a formal lawsuit. The details of the settlement were not revealed, according to the family’s lawyer, Daryl Zaslow.

“Whenever you have a situation like this, you always have mixed emotions, but the family could not be happier to have this piece done and try to move on with their lives,” he said.McNair, 62, was the only fatality of the accident. However, Morgan and his friends Jeffrey Millea and Ardley Fuqua were seriously hurt.  Meanwhile, the Walmart truck driver Kevin Roper, who prosecutors claim hadn’t slept for 24 hours before the crash, was charged with death by automobile and assault by automobile.

Morgan, a former Saturday Night Live and 30 Rock star, had been friends with McNair for 20 years. They met while performing at the Uptown Comedy Club in Manhattan.

McNair left behind two children, Jamel, 26, and Danita, 19, who are the executors of his estate.

Reaching a settlement wasn’t easy, says Zaslow who released negotiations with Walmart were sometimes “very contentious,” but “ultimately we were able to get to a number that was more than fair.”

“Under the terms of the deal, the superstore chain did not admit liability for the crash, but Zaslow said “they stepped up to the plate” for McNair’s family,” reports the News.

“We know there is nothing we can do to change what happened to Mr. McNair, but Walmart and his family have worked closely together to reach an agreement. Walmart will continue to work to conclude all of the remaining issues and we’re committed to doing what’s right,” said Walmart spokeswoman Brooke Buchanan in a statement.

Morelli did sue the company and that case is still pending in New Jersey federal court.

Morgan has also sued. Morgan, 45, suffered broken ribs, a broken nose and a broken leg. He spent two weeks in critical condition at the hospital. He is still recuperating, according to his camp.

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