Terms detailed of Wal-Mart settlement with family of man killed in Tracy Morgan crash

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Friday, March 20, 2015

NEW YORK -- Wal-Mart has agreed to pay $10 million to settle a lawsuit with the family of a comedian killed in a crash that also injured actor Tracy Morgan.

The retail giant and the family of James McNair agreed to the settlement back in October.

Both sides had agreed to not reveal the amount, however, court documents filed last month detailed the sum.

The out-of-court settlement was the first stemming from the June 7 New Jersey Turnpike crash in which a Wal-Mart truck slammed into a limo van carrying Morgan and the others home from a show in Delaware.

Morgan, a former "Saturday Night Live" and "30 Rock" star, suffered a traumatic brain injury in the accident, according to his lawyer, and his lawsuit against Wal-Mart is proceeding in federal court. Criminal charges against truck driver Kevin Roper are pending in state court.

McNair, 62, of Peekskill, New York, was a friend and mentor to Morgan. He died at the scene.

Attorney Daryl Zaslow told The Associated Press that Wal-Mart "accepted their responsibility by making this family more than whole," he said. "They caused extensive damage to this family and more than stepped up to the plate and took care of this family. Ultimately they did the right thing by the McNairs."

Zaslow added: "No amount of money can replace what they've lost, but what they've got will take care of them and allow them to move forward, and their father would be happy for that."

Zaslow said McNair's children, 19-year-old Danita and 26-year-old Jamel, purposely stayed out of the spotlight in the months after their father's death to avoid the media frenzy surrounding the case.

Under terms of the settlement, Wal-Mart admitted no liability in the crash, Zaslow said, adding that the settlement was reached before the formal filing of a lawsuit.

Roper, the driver, has been charged with death by auto and four counts of assault by auto. According to the criminal complaint, Roper was operating the truck without having slept for more than 24 hours.

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