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As the battle for responsibility in the deadly June 7 Walmart car crash that claimed the life of comedian James “Jimmy Mack” McNair and severely injured several others rages on, there unfortunately isn’t any positive Tracy Morgan update news to pass along.

In fact, his lawyer says he’s still recovering from the brain injury sustained at the time of the accident.

Via MSN:

Lawyers were in court in New Jersey for a scheduling conference in Morgan’s lawsuit against Wal-Mart.

A Wal-Mart truck slammed into the back of a limo van that was carrying Morgan and several friends on their way from a show in Delaware. One person was killed, and three others were injured, two seriously. Morgan spent several weeks in the hospital and in rehab.

Morgan sued for punitive and compensatory damages. In a response to the lawsuit filed in late September, Wal-Mart contended the victims’ injuries were partly due to the fact that they weren’t wearing seatbelts.

Morgan wasn’t at Tuesday’s proceeding, which was convened to settle on a schedule.

Truck driver Kevin Roper, who is not named in Morgan’s lawsuit, was charged with death by auto and four counts of assault by auto in state court. Last Friday, he filed to have Morgan’s lawsuit delayed while that case proceeds. A hearing on the matter is scheduled for mid-December.

A preliminary investigation by the National Transportation Safety Board released in June said Roper was driving 65 mph in the 60 seconds before he slammed into the van. The speed limit on that stretch of the New Jersey Turnpike is 55 mph and was lowered to 45 mph that night because of construction.

Morgan also sustained a broken leg, nose and ribs during the crash.

Photo: CNN