(CNN) - Actor Tracy Morgan is taking legal action against Walmart.
He's suing the major retailer for last month's crash on the New Jersey turnpike that sent him to the hospital and killed fellow comedian James Mcnair.
Walmart driver Kevin Roper is accused of plowing his truck into the van that was carrying Morgan, Mcnair and others.
The plaintiffs say Walmart was negligent by allowing Roper to drive after being up for more than a day.
Roper has pleaded not guilty to the charges he faces, including death by auto.
Morgan has since been moved from the hospital to a rehab center.
Walmart tells the Hollywood reporter the incident is a tragedy and says it is cooperating with the investigation.
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