Comedian Tracy Morgan has sued retailer Wal-Mart over the highway crash that badly injured the actor and killed a fellow comedian.

The lawsuit, which Morgan's lawyers filed before the U.S. District Court in New Jersey, contained complaints on Wal-Mart's negligence when a driver of one of the company's tractor trailers crashed into Morgan's limousine van on the New Jersey Turnpike.

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The deadly crash caused Morgan to sustain injuries to his leg and ribs. 62-year-old comedian James McNair, more known as Jimmy Mack, was killed. Other passengers, including comedian Ardley Fuqua and Jeffrey Millea, were also injured.

The lawsuit claimed that Wal-Mart should have been aware that its driver, 35-year-old Kevin Roper, had been awake for over 24 hours.

Driving 700 miles from his Georgia home to his work in Delaware should also be deemed "unreasonable." He also allegedly fell asleep while he was behind the wheel.

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

A criminal complaint has also been filed, accusing him of not having slept for over 24 hours prior to the crash, a violation of New Jersey law.

The complaint stated that punitive damages should be imposed on Wal-Mart as corrective action for the retailer's reckless conduct.

According to federal transportation safety investigators, Roper had been driving 65 mph under 60 seconds before crashing into Morgan's limo van.

The turnpike's speed limit on that area is 55 mph and had already been reduced to 45 mph that night due to ongoing construction.

Morgan had just finished with his standup performance at the Dover Downs Hotel & Casino when he got involved in the crash.

Morgan's lawsuit is pushing for a jury trial along with punitive and compensatory damages.

Recovering from the accident, the actor-comedian had been recently discharged from a rehabilitation facility.

According to spokesman Lewis Kay, Morgan will be continuing his recovery efforts using an "aggressive outpatient program" at his own home.

TagsTracy Morgan, Wal-Mart