Tracy Morgan Crash Update: Tracy Morgan Is 'Fighting Hard' to Recover Two Months After Accident That Left Him Hospitalized and Comedian James McNair Dead

Tracy Morgan is "still struggling" and "fighting hard" two months after the June 7th car crash that killed 63-year-old comedy writer and standup James McNair and left Morgan hospitalized with suffered broken ribs, a broken nose and a broken leg accident

Benedict Morelli, Tracy Morgan's lawyer, said the "30 Rock" ' star'at Morgan is still mourning the loss of James (Jimmy Mack) McNair, who was killed in the accident. Morellis says Morgan is 'fighting' to recover after the Jersey Turnpike crash left him in critical condition. 

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

On June 20, the former "Saturday Night Live" cast member and "30 Rock" star was released from the Robert Wood Johnson University Hospital and transferred to a rehab center.

Morelli is suing Wal-Mart over the six-vehicle New Jersey Turnpike that happened early Saturday, June 7.

According to The Hollywood Reporter the complaint was filed Thursday in the U.S. District Court in New Jersey. A preliminary report by the National Transportation Safety Board found that the Walmart truck was traveling 20 mph over the speed limit and its driver was almost at his drive time limit.

The complaint reads "Wal-Mart was careless and negligent in the ownership and operation of its motor vehicle, which caused Mr. Morgan to suffer severe personal injuries. As a direct and proximate result of said collision, Mr. Morgan was caused to sustain severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation."

Morgan started as a stand-up comedian at Harlem's Apollo Theater before he was hired for "Saturday Night Live" where he was a cast member from 1996 until 2003. In "The Tracy Morgan Show" ran for one season in 2003 before it was canceled. Morgan moved into acting and appeared in such films as "30 Years To Life" and co-starred with Bruce Willis in the 2010 movie "Cop Out." On "30 Rock" Morgan played Tracy Jordan.  Morgan was nominated for Outstanding Supporting Actor in a Comedy Series for "30 Rock."

Tracy Morgan and his wife Sabina divorced in 2009 after 23 years of marriage.