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Tracy Morgan's lawyer says '30 Rock' star is 'struggling,' gives Walmart lawsuit update

Comedian Tracy Morgan from the television series "30 Rock" arrives at the White House Correspondents' Association dinner in Washington in this May 1, 2010 file photo.

Comedian Tracy Morgan from the television series "30 Rock" arrives at the White House Correspondents' Association dinner in Washington in this May 1, 2010 file photo.

NEW YORK - Tracy Morgan's attorney on Monday said the comedian is "still struggling" with his health two months after breaking several bones in a deadly New Jersey highway crash that has renewed public attention to safety in the U.S. trucking industry.

"He's still struggling, but he's a fighter," attorney Benedict Morelli told NBC's "Today" show. "He's had issues before that he's fought through, and he's fighting hard."

Morgan, best known for his roles on TV comedies "30 Rock" and "Saturday Night Live," broke a leg, several ribs and his nose in June when a Wal-Mart Stores Inc tractor-trailer slammed into a limo bus Morgan and his entourage were riding in.

Last month, Morgan left a rehabilitation facility to recover at home and was photographed walking gingerly with the help of a walker.

Passenger James McNair, 62, a comedian known by his stage name Jimmy Mack, died in the crash near Cranbury, New Jersey.

The driver of the truck, 35-year-old Kevin Roper of Georgia, has pleaded not guilty to charges of vehicular homicide and assault by auto.

Morgan, 45, has filed a negligence lawsuit against Wal-Mart, the world's largest retailer, alleging it knew or should have known that Roper had been awake for more than 24 hours before the crash and was not in compliance with U.S. trucking regulations.

Wal-Mart said in a statement to the TV program it would take "full responsibility" if Roper was considered to be at fault and that it was cooperating with the federal investigation.