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

Truck driver Kevin Roper isn’t a defendant in Morgan’s lawsuit against Bentonville, Arkansas-based Wal-Mart Stores Inc. But he wants to intervene to delay it from moving forward until his criminal case is resolved. He filed his appeal Monday.

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

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

Wal-Mart has said the crash victims weren’t wearing seatbelts.

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