(EXCLUSIVE) Tracy Morgan Defeats Truck Driver’s Attempt to Stop Legal Battle Over Car Accident
The truck driver (Kevin Roper) recently filed court docs in the case demanding the entire civil lawsuit be put on hold. He argued that the criminal case against him in New Jersey was still pending and until that was Morgan’s case needed to be stayed. Morgan fired back claiming there was no time-frame for the criminal case and it could take years for it to end. He also claimed financial hardship in his response due to the injuries he incurred in the accident.
Roper fired back at the actor trashing him in court docs. He accused Morgan of misleading both the court and the public about the case in his argument to keep the lawsuit going.
He says the argument that Morgan is facing financial hardship is false, especially due to the fact that during the accident he was being driven by a hired profesional, while he was driving the Wal-Mart truck for a paycheck to make a living.
The driver even blasts Morgan claiming he has spoken to the media countless times claiming he was still recovering from his injuries. Roper says it would make more sense to wait until he has healed to determine the extent of the damage that was done to his body.
On February 3rd, the federal court judge came back and sided with Morgan, stating that Roper had failed to provide enough evidence to stay the case. [FYI: A stay is a temporary suspension of a procedure in a case until the happening of a defined contingency.]
The judge says the Roper has failed to show any other cases where someone that is not a party to the lawsuit was allowed to stay a case and says that he hasn’t failed to prove he would be harmed in his criminal proceedings if the case continued on.
Further, the order says that Morgan even said he doesn’t intend to conduct any discovery with Roper for some time and his criminal case will most likely be wrapped up. The judge says he understands Roper’s concerns but at this time he is denying his motion to stay the case and allowing it to continue on. See the court docs.
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