WHITE PLAINS, N.Y. (CBSNewYork/AP) — Court papers show that the children of the comedian who was killed in the crash that injured Tracy Morgan won a $10 million settlement from Walmart.

The amount was disclosed in documents filed in Westchester County, where comedian James McNair lived until the June 7 accident on the New Jersey Turnpike.

McNair died when a Walmart truck hit a limo van carrying him, Morgan and others. The group was headed home from a show in Delaware.

Morgan’s lawyer, Benedict Morelli, says the “Saturday Night Live” and “30 Rock” star suffered a traumatic brain injury.

“Tracy is working very hard to get better, physically, emotionally and mentally,” Morelli said Friday. “Because in all three areas he still has a struggle on his hands.”

The McNair family lawyer announced a settlement in January, but the amount was said to be confidential. However, he disclosed the $10 million figure in court papers supporting his request for nearly $3 million in legal fees.

Walmart said it could not discuss the terms.

Truck driver Kevin Roper, 35, of Jonesboro, Georgia, faces one count of second-degree vehicular homicide and four counts of fourth-degree assault by auto.

According to a preliminary probe by the National Transportation Safety Board, Roper was going 65 miles per hour in the 60 seconds before authorities said he slammed into the van.

The speed limit on that stretch of the Turnpike is 55 miles per hour and was lowered to 45 miles per hour that night because of construction.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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