Actor Tracy Morgan is suing Walmart for a crash in which a truck driver for the retail giant may have been awake for the preceding 24 hours, reports CNN.

Morgan, 45, suffered broken ribs, a broken nose and a broken leg in the crash in the early morning hours of June 7. His friend and fellow comedian James McNair was killed and others were injured.

Morgan has been released from a rehabilitation center and will “continue his recovery at home with an aggressive outpatient program,” his representative, Lewis Kay, said Saturday.