Two months after a fatal car crash injured comedian Tracy Morgan and killed his fellow comedian James McNair, Morgan’s lawyer appeared on the Today Show Monday morning to provide an update on his condition. He also further explained the point of suing Walmart, the company the truck driver being held responsible for the crash worked for.

Lawyer Benedict Morelli told Matt Lauer that Morgan is “still struggling, but he's a fighter.” That’s the first word on Morgan’s health since July 13, when his reps confirmed that he left a rehabilitation center. Morgan was also spotted by photographers a day later and thanked everyone for their support.

“He's had issues before that he's fought through and he's fighting hard,” Morelli continued, reports TheWrap. He also reiterated the rumors Morgan had his leg amputated were false.

Just before Morgan left rehab, his attorneys filed a lawsuit against Walmart, claiming that the company was negligent. While Lauer suggested that responsibility should be put on Roper’s shoulders, not the corporation, Morelli defended the lawsuit. He said that Roper had been awake for 25 straight hours at the time of the accident in New Jersey.

“[Roper] works for Wal-Mart and I'm going to show, if I have to in court, that that's the culture, that that's what they set up,” Morelli told Roper, notes TheWrap. “They know — and by the way, he isn't the only driver that drives hundreds of miles to get to work. They have to make sure that this doesn't happen.”

Roper was charged with vehicular homicide and assault by auto.

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