By Yoni Bashan 

The condition of hospitalized comedian and actor Tracy Morgan was upgraded to fair from critical, his publicist Lewis Kay said Monday night.

Mr. Kay added that in addition to his condition improving, the actor's personality was also "certainly starting to come back." He added that the family of Jeffrey Millea, who was also critically injured in the crash on the New Jersey Turnpike, reported that his condition had improved as well.

Mr. Morgan was traveling from a comedy show in a luxury van on June 7 when it was allegedly hit from behind by a Wal-Mart truck.

Comedian James McNair, a passenger in the van, died at the scene while Mr. Morgan and two other passengers, including Mr. Millea, were taken to Robert Wood Johnson University Hospital.

The driver and another passenger in the van walked away from the crash unscathed.

The driver of the truck, Kevin J. Roper, 35 years old, from Georgia, has been charged with two counts of reckless driving and has entered pleas of not guilty to both charges.

A criminal complaint filed with the Middlesex County Courthouse alleged that Mr. Roper, who is out on $50,000 bail, had been operating the vehicle having not slept for "in excess of 24 hours."

Wal-Mart has said Mr. Roper was operating the truck within federal rules that require rest between work shifts.

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