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James McNair, a comedian who was traveling in a luxury van with Tracy Morgan that was struck by a Walmart truck last June, died when the accident occurred. A settlement with McNair’s grown children and their attorney for $10 million dollars was announced today, although Walmart the family settled several months prior.

Morgan, who was seen in New Jersey last December, has been slowly recovering since the crash that took place on the New Jersey Turnpike shortly after a performance in Dover, Del in the wee hours of the morning of June 6.  The 63-year-old McNair, who went by the nickname “Jimmy Mack,” was pronounced dead at the scene. DNA Info broke news of the recent legal developments in the ongoing matter between McNair’s family and Walmart.

From DNA Info:

Wal-Mart made the large payout to the family of James McNair to avoid potential losses from litigation, the McNair family’s lawyer said in court papers.

Under the settlement, McNair’s two children, Jamel, 26, and Denita, 19, will split the payout after their lawyer, Daryl Zaslow, takes a nearly $3 million cut, according to court records.

The children had sued Wal-Mart after one of its trucks slammed into a limousine van carrying McNair, Morgan and other comedians on the New Jersey Turnpike on June 7, 2014.

New Jersey police charged the truck’s driver, Kevin Roper, with death by automobile and four other vehicle assault charges.

The actual settlement was signed by in October of last year, but the deal wasn’t made public until January of this year. According to court documents, Walmart wanted to keep the terms of the settlement as it feared the amount would hurt the company’s bottom line. There was also difficulty in obtaining the $10 million settlement because McNair wasn’t a high-wage earner and thus the attorney had to justify the large amount.

There has been no comment from Morgan’s reps on the matter.

Photo: Twitter/Elaine Catloth

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