Wal-Mart driver appeals in bid to delay Morgan crash suit

NEWARK, N.J. (AP) -- A Wal-Mart driver involved in a crash that killed a comic and severely injured actor-comedian Tracy Morgan and several others has asked a federal judge to reconsider her decision not to delay Morgan's lawsuit against the company.

Kevin Roper is not a defendant in Morgan's federal lawsuit against the Bentonville, Arkansas-based company but wants to intervene to delay it from moving forward until his criminal case is resolved. He filed his appeal Monday.

Roper faces criminal charges in state court. Roper says his right to a fair trial could be affected and that delaying the trial would protect his interests.

U.S. Magistrate Judge Lois Goodman wrote earlier this month that a delay would unfairly affect the parties in Morgan's suit and that Roper didn't cite relevant case law to back up his claims.
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