Tracy Morgan Crash: James McNair's Family Reaches Settlement With Walmart

"Jimmy Mack" was killed in the crash that injured Tracy Morgan last summer.

ByABC News
January 21, 2015, 1:06 PM

— -- The family of a comedian killed in the crash that also injured Tracy Morgan has settled a wrongful death claim with Walmart, ABC News has learned.

“We’ve reached an amicable resolution of the case we were about to file against Wal-Mart,” Daryl Zaslow of Eichen Crutchlow Zaslow & McElroy, LLP in New Jersey told ABC News.

Zaslow represents the family of James McNair, who was killed June 7, 2014 on the New Jersey Turnpike after a Walmart tractor-trailer crashed into a limo van in which he, Morgan and others were riding in.

The amount of the settlement was subject to a confidentiality agreement between Walmart and McNair’s children, 19-year-old Danita and 26-year-old Jamel.

“Nothing can take the place of their father,” Zaslow said. "But to the extent that their father would have continued to work to support them, their father would be very happy with what his legacy has left them.”

This is the first out of court settlement related to the accident. Morgan has filed a separate lawsuit in federal court in New Jersey.

Walmart admitted no wrongdoing, but truck operator Kevin Roper has been accused in criminal court of operating without having slept for more than 24 hours.

In a statement, Walmart said, "We know there is nothing we can do to change what happened to Mr. McNair, but Walmart and his family have worked closely together to reach an agreement. Walmart will continue to work to conclude all of the remaining issues and we’re committed to doing what’s right."

National Transportation Safety Board said Roper was driving 65 mph in the seconds before the crash. The speed limit near the accident scene had been lowered to 45 mph due to construction.