The family of Kevin Ward, Jr. has filed a wrongful death lawsuit in Lewis County (NY) Supreme Court against NASCAR driver Tony Stewart, alleging that Stewart’s actions during a 2014 sprint car race at Canandaigua Motorsports Park. According to the lawsuit, the family believes that during a yellow-flagged lap that saw Ward exit his vehicle and head toward the cars, presumably to have a few choice words with Stewart, that Stewart purposely blipped the throttle and hit Ward when his sprint car slid sideways, knocking him 25 feet away. Ward died of injuries consistent with massive blunt force trauma forty-five minutes after the incident.
According to ESPN: “Our son was truly the light of our lives and we miss him terribly every day,” Ward’s parents said in a statement. “Our hope is that this lawsuit will hold Tony Stewart responsible for killing our son and show him there are real consequences when someone recklessly takes another person’s life.”
There will be two factors at play for the jury in this case: Did Tony Stewart intentionally try to use his vehicle to scare Ward away, and if Stewart is responsible, by how much. While there is no dollar figure floating around yet, with such charges as “wrongful death, reckless conduct, gross negligence and Ward’s suffering between the time he was struck and his death”, it is easy to expect the dollar amount to be up in the stratosphere. Working against the Ward family is the fact that Kevin left the safety of his car and stormed onto an active racetrack, caution or not, and that Ward’s toxicology report showed marijuana in his system at time of death. One thing that won’t happen: the Ward family cannot collect on their own pain and suffering per New York law. They can, however, collect on lost benefits and support that Kevin Ward, Jr. could have provided in life.
Stewart, from the incident forward, has always seemed deeply rattled by it. He removed himself from racing altogether for a time period, using driver Regan Smith as a substitute, and has not set foot in a sprint car since that race. Stewart was cleared of criminal charges in September, 2014. As of yet, Stewart’s camp has not released a statement regarding the civil suit.
(Source: ESPN)
#1. Goosing The Throttle: You can’t prove it was Stewart. There was more than a dozen cars on the track and the sound could have been anyone…except Ward’s car.
#2. Ward got out of his car and challenged Stewart. Stewart has a big damn wing on his car and he can’t see well to his right where Ward was coming down the track at him.
#3. Video shows Ward jumping up and grabbing the wing and hanging on, thus causing Stewart’s car to veer right and causing Ward to fall under the right-rear tire of Stewart’s race car.
Ward was a stupid kid thinking he could challenge Tony Stewart and get on Youtube. Put his parent in front of me and I’ll say the same thing.
Guilty
Didn’t Ward have traces of marijuana in his system? Then he shouldn’t have been on the track at all. He put all the other driver’s lives in danger by racing under the influence, and he payed the ultimate price.
Not taking up for the kid, because he was definitely in the wrong….but having traces of marijuana in your system doesn\’t mean you are under the influence. Traces of marijuana can stay in the system days, or even weeks after you have used it. Kind of like, if beer were traceable and someone had a beer the day before this race. You couldn\’t hold that against him.
A good lawyer will bring up to a jury the presence of marjuana to create a picture of recklessness on Ward’s part, especially since he left the safety of his own car to confront Stewart.
I still think this was a case of two hotheads in the wrong place at the wrong time. The kid was, well, a kid. He wasn\’t thinking rationally (as most kids don\’t), and thought he\’d be a tough guy and challenge big name Tony Stewart after Tony embarrassed him. He never should have gotten out of the car. But once again….kid…..
On the other side is big name hothead Tony Stewart. Do you think he was going to let some kid punk him out on the track in front of all his fans? My guess, he intentionally tried to buzz the kid to scare him and show his dominance…but something went wrong in the situation and the kid got hit.
A classic case of male appendage measuring (which we\’ve all done) gone wrong. Just my opinion.
Score one for the lawyers on this one. No one will win here but the attorneys. I hate it for Kevin Wards family that they lost their son. However… This will not help. Attorneys from both sides will make a lot of money, both Stewart and the Ward family will get drug through the mud and nothing good will come of this.
Watched the video many times. Ward should have never attempted to approach Stewart\’s car. Dumbass circle jerk racers need to knock this hothead fist-fight attitude off. People get hurt, or killed now, and it should be a wake-up call to every track to forbid violent confrontation on the grounds, or risk a life ban. To all the Neanderthals who think fighting is just part of the sport, just watch your roundy round competition with UFC picture in picture.
There is absolutely no way Tony Stewart should be held responsible for this. The kid got out of the car and charged Stewarts vehicle. DONE. The person responsible for this tragedy was Kevin Ward, Jr. No Question.
This is why we sign waivers when we race, kid’s fault, and Tony Stewart is being hung out to dry for nothing more than money. Hands up anyone who thinks his family would have sued if there wasn’t money attached to a settlement, if there is one. What a waste of life no matter how this ends.