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Wednesday, January 21, 2015

Lawsuit Settled for Family of Peekskill comedian killed in Walmart Truck accident'



The family of a comedian killed in a New Jersey Turnpike crash that seriously injured Tracy Morgan last summer has settled a wrongful-death claim with Wal-Mart.

The out-of-court settlement between Wal-Mart Stores Inc. and the estate of James McNair is the first stemming from the June 7 crash, in which a Wal-Mart truck slammed into a limo van carrying Morgan and others home from a show in Delaware.

Morgan, the former "Saturday Night Live" and "30 Rock" star, suffered a traumatic brain injury in the accident, according to his lawyer. Criminal charges against truck driver Kevin Roper are pending in state court in New Jersey.

McNair, 62, of Peekskill, grew up with Morgan in Brooklyn and was a friend and mentor to him over the years.

The terms of the settlement are confidential, but McNair family attorney Daryl Zaslow told The Associated Press the family was pleased with the outcome.

Wal-Mart "caused extensive damage" to the family but accepted responsibility and "more than stepped up to the plate and took care of this family," Zaslow said.

"Ultimately they did the right thing by the McNairs," he said.

Wal-Mart spokeswoman Brooke Buchanan said the company, based in Bentonville, Arkansas, was working toward settlements with others injured in the accident.

"We know there is nothing we can do to change what happened to Mr. McNair," Buchanan said. "We're committed to doing what's right." Read FULL at AP

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