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NEW YORK (AP) — Actor Tracy Morgan is struggling more than two months after he was injured in a motor vehicle crash that left a fellow comedian dead.

His attorney, Benedict Morelli, told NBC's Today show Monday the former Saturday Night Live cast member is fighting hard.

Morgan suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind June 7 by a Wal-Mart truck on the New Jersey Turnpike.

The wreck killed 62-year-old comedian James McNair and injured two others.

Morelli has filed suit against Wal-Mart, claiming the retailer should have known the truck driver had driven 700 miles.

The truck driver has pleaded not guilty to death by auto and assault by auto charges.

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