TRACY MORGAN RELEASED FROM REHAB 1 MONTH AFTER HORRIFIC ACCIDENT THAT CAUSED HIS FRIENDS LIFE

Tracy Morgan heads out in a wheelchair as he is spotted for the first time since he was injured in horrific crash that killed his friend.  Tracy Morgan seen going home from NJ rehabilitation facility, Morgan was initially moved to rehabilitation after being hospitalized with broken leg and broken ribs. The 45-year-old was seen in a wheelchair with his left leg bandaged as he was transported to his home in Creskill, New Jersey.

Tracy is also uing Wal-Mart for negligence as one of their drivers was involved in auto accident on June 7. His friend James McNair was killed in the crash.  Tracey friend comedian Ardie Fuqua, of Jersey City, remains in critical condition.

The lawsuit, filed Thursday in U.S. District Court in New Jersey, claims Wal-Mart was negligent when a driver of one of its tractor-trailers rammed into Morgan's limousine bus. The complaint claims the retail giant should have known that its driver had been awake for over 24 hours and that his commute of 700 miles from his home in Georgia to work in Delaware was 'unreasonable.'  It also alleges the driver fell asleep at the wheel.

Morgan's condition has been upgraded from serious to fair. AlsoWalmart driver Kevin Roper, 35, has been charged over the accident.