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The Walmart driver who smashed his truck into Tracy Morgan’s car last year has failed to delay the comedian’s civil suit against the conglomerate, the New York Daily News reports.

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In court filings, Kevin Roper (pictured center) argued that the suit should be halted since his criminal case is still ongoing. He believes he would basically be on trial in the civil case as well, as prosecutors could use information from it in his case.

A New Jersey Judge, however, disagreed with Roper, pointing out that he isn’t included in the civil action, and that a delay would possibly hold it up for years.

“Suspending this case indefinitely would prevent the original parties from seeking resolution of their dispute,” Magistrate Judge Lois Goodman wrote in her response to Roper.

Roper was driving the Walmart truck on the New Jersey Turnpike last June when he lost control and slammed into a limo carrying Morgan and his friends. One person was killed in the accident; Morgan sustained a traumatic brain injury form the impact and is “struggling to get well,” attorney Benedict Morelli recently said.

According to prosecutors in Morgan’s suit against Walmart, the company forced Roper to work extremely long hours without breaks. He hadn’t slept for 24 hours before the crash, they added.

In his case, prosecutors have charged Roper with death by auto and assault by auto.

Roper can file another request to delay the civil suit if prosecutors ask him for information for it while his case continues.

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