Photo: Tracy Morgan in a Wheelchair As He's Spotted for the 1st Time Since His Crash

Comedian Tracy Morgan is seen in the picture above heading out in a wheelchair with his left leg bandaged as he's spotted for the first time since he was injured in a horrific crash that killed his friend, comedian James McNair. Tracy Morgan left a rehabilitation facility in New Jersey, five weeks after the limousine van he was riding in was hit from behind by a Wal-Mart truck on the New Jersey Turnpike.

Morgan was taken home where he will embark on 'aggressive out-patient treatment' to heal from the serious injuries he suffered. The comedian, who suffered a broken leg and broken ribs, is suing Wal-Mart over the crash, saying that Wal-Mart 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.' The suit also alleges the driver fell asleep at the wheel, causing the crash.

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Actor Tracy Morgan Sues Walmart Over Crash

Tracy Morgan was severely injured because Walmart allowed one of its drivers to become so exhausted behind the wheel an accident was destined to happen ... so claims Morgan in a new lawsuit.

The suit -- reported in the NY Post -- claims Tracy sustained, "severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

According to the lawsuit ... Roper had driven 700 miles from his home to the Walmart distribution center before beginning his fatal drive.  One person died when Roper was tooling along in his tractor-trailer at 65 in a 45 MPH zone and slammed into the SUV.