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Tracy Morgan discharged from hospital

RECOVERING: Comedian Tracy Morgan will continue his recovery at home with an "aggressive outpatient program"

COMEDIAN TRACY Morgan, who was badly hurt in a car crash that left a fellow comedian dead, has been discharged from hospital.

Five weeks since the tragic accident, Morgan will continue his recovery at home with an "aggressive outpatient program," his spokesman Lewis Kay said.

"He asked me to pass along his sincerest gratitude to everyone who has helped him get to this point."

The 30 Rock star and his entourage were being chauffeured from a show in Delaware back to New York City at about 1am on June 7 when a Walmart truck driver rear-ended their limousine bus and caused the fatal collision. The wreck killed comedian James McNair, who went by the stage name Jimmy Mack.

Morgan's assistant, Jeffrey Millea and comedian Ardie Fuqua Jr were also injured in the crash.

On Thursday (July 10), Morgan's lawyers sued Walmart for negligence, claiming the retailer should have known that its driver, Kevin Roper, had been awake for more than 24 hours and that a 700-mile commute from his home in Georgia to work in Delaware was "unreasonable".

"As a result of Walmart's gross, reckless, wilful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," court papers said.

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

Prosecutors said Roper had not slept for more than 24 hours before the crash on the New Jersey Turnpike, when he swerved to avoid traffic that had slowed down, ploughing into Morgan's limo bus.

A report by the National Transportation Safety Board, said Roper had been driving at 65mph in a 45mph construction zone shortly before the crash.

He had been on the clock for 13-and-a-half hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.

In a statement issued Saturday (July 12), Wal-Mart said it was "cooperating fully" in the ongoing investigation.

"We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved," the retailer said.

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