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The former 30 Rock star was involved in a six-car collision in June that left him severely injured and took the life of comedian James McNair.
Tracy and others in his vehicle subsequently sued Walmart for negligence, questioning if one of their drivers was fatigued while on the New Jersey road.
The driver, Kevin Roper, is facing criminal charges stemming from the crash.
And his lawyer on Friday filed a motion in federal court asking that Tracy’s lawsuit be delayed until the criminal case is resolved, Page Six reports.
Attorney David Glassman argues his client would be forced to defend two actions at once should the comedian’s lawsuit be allowed to move forward.
The driver is not named in Tracy’s suit, filed in July with his assistant, Jeffrey Millea, his wife Krista Millea, and comedian Ardie Fuqua.
The group claims Kevin had driven 700 miles before beginning his shift with Wal-Mart the day of the crash.
Tracy claims that in addition to brain injuries, he broke his leg, femur, nose and busted his ribs. He was released from a rehab facility in July after spending time at the hospital in critical condition.
Attorneys for Wal-Mart delivered their response in September, stating injuries sustained in the accident "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device”, according to filings, which seek to bar plaintiffs from pursuing damages.
Attorneys for the corporation also said executives were unable to “admit or deny” allegations without confidentiality, according to The Hollywood Reporter.
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