Injured Tracy Morgan 'Still Struggling': Lawyer Attorney explains lawsuit against Walmart By Matt Cantor, Newser User Posted Aug 11, 2014 10:34 AM CDT 8 comments Comments Tracy Morgan is "still struggling" in his recovery, his lawyer tells "Today." (Photo by Greg Allen/Invision/AP, File) (Newser) – Tracy Morgan is home from rehab, but that doesn't mean he's recovered from a June car accident. "He's still struggling, but he's a fighter and he's had issues before that he's fought through," his lawyer, Benedict Morelli, told the Today show. Matt Lauer asked Morelli about Morgan's lawsuit against Walmart, employer of Kevin Roper, who drove the truck that hit the vehicle carrying Morgan. Morelli said Roper had been awake for 25 hours at the time of the collision. Lauer, however, asked why the collision was Walmart's fault rather than Roper's. The driver "works for Walmart, and I'm going to show, if I have to in court, that that's the culture, that that's what they set up," Morelli said, per the Hollywood Reporter. "They know, and by the way, he isn't the only driver that drives hundreds of miles to get to work."