A Wal-Mart truck driver involved in Tracy Morgan's car crash last year (14) has filed an appeal in a last-ditch bid to delay the comedian's legal battle with the U.S. superstore.

Kevin Roper is facing criminal charges relating to the horrific accident in New Jersey in June (14) when his Wal-Mart truck collided with the 30 Rock star's limousine, killing Morgan's friend James 'Jimmy MACk' MCNair.

Morgan, who was severely injured in the crash, is suing Wal-Mart for negligence and Roper wants the star's court battle to be postponed until after his criminal case is resolved amid fears the lawsuit could compromise his right to a fair trial.

The request has been denied twice, but Roper is not giving up, and his lawyers filed a fresh appeal on Monday (16Feb15).

Roper, who is not named as a defendant in Morgan's lawsuit, pleaded not guilty to one criminal count of death by auto and four counts of assault by auto last year (14).

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