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Tracy Morgan's lawyer says star is struggling after crash

Lawyer Benedict Morelli gives an update on Tracy Morgan's condition two months after the New Jersey highway crash that killed fellow comedian James McNair.

Comedian's attorney says Morgan is fighting hard two months after accident

Actor/comedian Tracy Morgan attends the FX Networks Upfront screening of Fargo at SVA Theater on April 9, 2014 in New York City. (Jemal Countess/Getty Images)

Actor Tracy Morgan is struggling more than two months after he was injured in a motor vehicle crash that left a fellow comedian dead.

His attorney, Benedict Morelli, told NBC's Todayshow Monday the former Saturday Night Livecast member is fighting hard.

Morgan suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind June 7 by a Wal-Mart truck on the New Jersey Turnpike.

Truck driver Kevin Roper pleaded not guilty in the fatal New Jersey Turnpike crash that also injured comedian Tracy Morgan. ( John O'Boyle/The Star-Ledger/The Associated Press)
The wreck killed 62-year-old comedian James McNair and injured two others.

Morelli has filed suit against Wal-Mart, claiming the retailer should have known the truck driver had driven 1,100 kilometers.

A criminal complaint alleges the 35-year-old driver, Kevin Roper, of Jonesboro, Georgia, hadn't slept for more than 24 hours before the accident. Wal-Mart has said it believes he was in compliance with federal safety regulations.

Roper has pleaded not guilty to death by auto and assault by auto charges.