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Wrongful Death Lawsuit

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jdpirate

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Post Fri Aug 07, 2015 4:21 pm

Wrongful Death Lawsuit

From Sports/Goal/ESPN.....

The family of Kevin Ward Jr. filed a wrongful death lawsuit Friday against NASCAR Sprint Cup driver Tony Stewart, nearly a year after Stewart’s sprint car struck and killed the 20-year-old driver under caution during a race at an upstate New York dirt track.

The Ward family filed the lawsuit in Lewis County (N.Y.) Supreme Court, which covers the Ward home in Port Leyden and is about 175 miles northeast of Watkins Glen International, where Stewart practiced Friday in preparation for the NASCAR Sprint Cup Series race Sunday.

Stewart was not criminally charged in the death of Ward, who had gotten out of his car and ran toward Stewart’s car as he drove around under caution during the Empire Super Sprints race Aug. 9 at Canandaigua Motorsports Park. Ward was declared dead 45 minutes after being struck by Stewart’s car with the cause of death listed as massive blunt force trauma.

The lawsuit does not specify the amount of damages the family seeks in claims of wrongful death, reckless conduct, gross negligence and Ward’s suffering between the time he was struck and his death.

The lawsuit claims Stewart gunned his 700-horsepower car as he drove by Ward, causing it to slide and strike Ward with the right rear tire, tossing Ward an estimated 25 feet.

“Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag,” the lawsuit states. “Stewart acted with disregard for Ward’s life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward.”

The case likely will hinge on whether the Ward family can prove that Stewart has some percentage of fault in Ward’s death. If the case goes to a jury, a jury would have to decide whether Stewart had a duty to Ward to drive in a certain manner under caution and if he breached that duty.

We will keep you updated as this story develops.

Though I am not surprised by the actions of the Ward family, I am disappointed that they feel it is necessary to bring about this lawsuit. :(
I'm Living my life the way I want to..... Tony Stewart
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im4tony

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Post Fri Aug 07, 2015 4:41 pm

Re: Wrongful Death Lawsuit

This will never be over for Tony but to have them file this now doesn't seem right. It's almost as if they wanted to do this while he was at Watkins as if it this race isn't reminder enough. I am sorry for the Ward family loss but their son got out of his car and went after Tony. Had he stayed in his car all the lives affected would not be in so much pain.
"This is my house" Tony at the Glen
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KOPTERDOCTOR

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Post Fri Aug 07, 2015 5:04 pm

Re: Wrongful Death Lawsuit

And the BS starts again.

The guy should have stayed in the Car. :evil:
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michaeljohn

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Post Fri Aug 07, 2015 5:54 pm

Re: Wrongful Death Lawsuit

very basic reason why it was given to him, because the lawsuit was filed in NY
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KOPTERDOCTOR

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Post Fri Aug 07, 2015 6:28 pm

Re: Wrongful Death Lawsuit

There filing the law suit to break Stewart race.
No money no racing.

Haas racing will go on, but the team will not before all is said an done.

Just my point that's all :cry:
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im4tony

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Post Fri Aug 07, 2015 6:38 pm

Re: Wrongful Death Lawsuit

Our local station has posted the entire court papers but I don't know how to copy and post it here. It is on 13wham.com for those who might be interested. I couldn't bring myself to read after the initial pages pointing their finger at Tony. I live within 2 hours of Watkins and about an hour from the track where the accident occurred so we have all the news about Tony.
"This is my house" Tony at the Glen
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alenigma

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Post Fri Aug 07, 2015 6:50 pm

Re: Wrongful Death Lawsuit

I'm pretty sure the parents could have filed this lawsuit at any time. The fact that they waited until now shows vindictiveness on their part (our little angel could do no wrong, the arrogant, rich racing star killed our boy on purpose). I had expected a civil suit after Tony had been cleared of any wrongdoing. I guess the apple didn't fall too far from the tree. That explains why they waited until now. P.S.: Thank you, im4tony. I hope you have a great time at the Glen.
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HiddenHollow

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Post Fri Aug 07, 2015 6:55 pm

Re: Wrongful Death Lawsuit

COMMENTARY: Timing Of Ward Lawsuit Is Difficult To Swallow

Dave "The Godfather" Moody - Friday, August 07, 2015

The family of Kevin Ward, Jr. surprised virtually no one today with the filing of a wrongful death lawsuit in Lewis County (NY) Supreme Court against former NASCAR Sprint Cup Series champion Tony Stewart.

The suit concerns the August 9, 2014 death of Ward, a 20-year old Sprint Car driver who died after being struck by the right-rear tire of Stewart’s Sprint Car at Canandaigua Motorsports Park in upstate New York. Ward and Stewart touched wheels on the previous lap, causing Ward’s car impact a retaining wall. Ward climbed from his disabled vehicle and walked across the racing surface – presumably to confront Stewart – before being struck.

The lawsuit filed by his family today seeks unspecified monetary damages for wrongful death, reckless conduct, gross negligence and suffering allegedly experienced by Ward on the night of his death. It accuses Stewart of acting “with disregard for Ward's life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward."

In short, it accuses Stewart of attempting to frighten – and possibly even kill -- Kevin Ward.

Last September, a Grand Jury in Ontario County, NY, declined to charge Stewart with a crime, citing insufficient evidence of criminal misconduct or negligence. The county’s District Attorney went a step further, saying a review of the evidence showed "no aberrational driving" by Stewart. That decision will have no impact on the civil suit filed today, however, since the burden of proof for civil cases in considerably lower.

If this case goes to trial, the jury will be tasked with determining a percentage of liability for both Stewart and Ward. Even if they determine that Stewart did not intentionally or carelessly strike Ward, then can still assess him a percentage of the blame. Often, cases of this type involving a high-profile personality such as Stewart do not go to trial. Insurance companies and attorneys counsel clients to cut their losses, avoid the harsh media spotlight of trial and settle the case without ever stepping into a courtroom.

The end result of this lawsuit remains to be seen. Not knowing anything more than what is discernable by watching a couple of grainy YouTube videos, it is impossible for me (or you, for that matter) to determine the rights and wrongs of this case. I will never know what Tony Stewart was thinking on that fateful night in New York. I’m not even sure what Kevin Ward, Jr. was thinking, though “anger” did seem to be part of his thought process.

The Ward family is entitled to its anger. They buried a son, and the pain associated with that act is unfathomable. Wendi Ward, aunt of Kevin Ward Jr., sent an open letter to USA Today in the days following the incident, saying, "Our family does not need others to determine what we feel or know about Kevin. He is our blood, our friend, our champion. Always has been and always will be.”

Commenting on a post-mortem toxicology report that showed marijuana in Ward’s system at the time of his death, she asked, “Why was the toxicology report even an issue? Seems to me the wrong man was on trial. Tell me why Tony Stewart was not taken in for testing, why his car wasn't impounded. …Tell me how a NASCAR star totally forgot what caution means.

“…People react to certain situations because of anger,” she wrote. I've seen it in NASCAR, sports functions and even on our own roads. And yes, these people have to pay for their actions.”

Clearly, the Ward family remains determined to hold Stewart responsible for the tragic death of their loved one. That is their right, and their anger is understandable, even one year after the fact. What is less understandable, however, is the timing of the case.

The Ward family knows that NASCAR is back in town this weekend, racing at Watkins Glen International. They are well aware that filing suit today – of all days -- will kick the amount of media attention they receive into instantaneous overdrive, making the death of their son -- and the allegations surrounding it -- the number-one story in motorsports.

They also know that filing suit today will place Stewart at the center of an unwelcome media maelstrom, ruining what little focus he might somehow have been able to muster on the one-year anniversary of the most horrifying night of his life.

Unless the wheels of justice coincidentally spun at the exact speed necessary for this suit to become public just as NASCAR returned to The Glen, one must assume that the timing was intentional.

Almost certainly, the Ward family and their attorney timed today’s filing to garner maximum media exposure, as well as to maximize the amount of pain inflicted on Stewart.

That is disappointing, to say the least.

:arrow: http://motorsports-soapbox.blogspot.com ... it-is.html

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HiddenHollow

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Post Fri Aug 07, 2015 7:03 pm

Re: Wrongful Death Lawsuit

im4tony wrote:Our local station has posted the entire court papers but I don't know how to copy and post it here. It is on 13wham.com for those who might be interested. I couldn't bring myself to read after the initial pages pointing their finger at Tony. I live within 2 hours of Watkins and about an hour from the track where the accident occurred so we have all the news about Tony.

It's a 12 page PDF file, not a simple graphic. Here is the link to it for anyone who wants to read it. I will take a pass.

:arrow: http://13wham.com/images/Stewart-%20Anthony%20Wayne.pdf

#ISideWithSmoke
Last edited by HiddenHollow on Fri Aug 07, 2015 7:32 pm, edited 1 time in total.
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

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jdpirate

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Post Fri Aug 07, 2015 7:18 pm

Re: Wrongful Death Lawsuit

im4tony wrote:Our local station has posted the entire court papers but I don't know how to copy and post it here. It is on 13wham.com for those who might be interested. I couldn't bring myself to read after the initial pages pointing their finger at Tony. I live within 2 hours of Watkins and about an hour from the track where the accident occurred so we have all the news about Tony.



1 1/2 hours to the Glen and about 40 minutes to Canandaigua, so,yeah, we do get this kind of news.... :( I intentionally haven't listened to any of the local stations.

The Godfather is right..... Almost certainly, the Ward family and their attorney timed today’s filing to garner maximum media exposure, as well as to maximize the amount of pain inflicted on Stewart.
I'm Living my life the way I want to..... Tony Stewart
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BlackFlag

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Post Fri Aug 07, 2015 7:36 pm

Re: Wrongful Death Lawsuit

May as well forget about Tony being able to concentrate on racing for the rest of this season.

In the meantime, I think I'll go stand in the middle of I-95 and then sue everybody that hits me.
Actually, I'll have my heirs do it.........
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jdpirate

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Post Fri Aug 07, 2015 7:41 pm

Re: Wrongful Death Lawsuit

michaeljohn wrote:very basic reason why it was given to him, because the lawsuit was filed in NY


I heard that the summons will be served at Tony's home in Indiana not at the Glen.
I'm Living my life the way I want to..... Tony Stewart
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jdpirate

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Post Fri Aug 07, 2015 7:45 pm

Re: Wrongful Death Lawsuit

BlackFlag wrote:May as well forget about Tony being able to concentrate on racing for the rest of this season.

In the meantime, I think I'll go stand in the middle of I-95 and then sue everybody that hits me.
Actually, I'll have my heirs do it.........


Why won't he be able to concentrate the rest of the season? It'll be a distraction, but I'm certain Tony's lawyers will handle it and most likely it won't go to court at all.
I'm Living my life the way I want to..... Tony Stewart
Never Quit..... Marcus Luttrell Lone Survivor
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beaverpond

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Post Fri Aug 07, 2015 7:54 pm

Re: Wrongful Death Lawsuit

I have read some articles today about this lawsuit...the family states they just want to move forward and put this behind them, in other articles they say they want Tony to pay for what he has taken from them.

Well which is it because they can't have it both ways...either they want to move forward and put this behind them or they want Tony to pay. They need to make up their minds.

From information I have read, I think they will get something, it will be settled out of court, two huge issues will be the marijuana in Ward's system and him walking up a dark race track. Going against Tony will be his anger issues.

Reason they probably did not drug test Tony is because he probably underwent one with NASCAR recently as they do them all the time and went by that one. Also it is pretty much standard procedure to do toxicology tests during an autopsy.

Just my two cents worth.
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HotCamaro

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Post Fri Aug 07, 2015 8:03 pm

Re: Wrongful Death Lawsuit

The civil lawsuit comes as no surprise to me and I'm certain to Tony and his lawyers. It is sad because no amount of money will ever lessen their pain, or bring their son back. They are in pain and want to make Tony "pay" for what they believe he did. We all know Tony would never hurt someone but they can't see through their pain. I hate that our Tony has to deal with this, but his lawyers and insurance company will handle things. Perhaps a settlement will take place and that could avoid Tony having to go over this nightmare in a court of law. I'm sure that feeling of hitting Ward never leaves him and that is enough for one person to deal with.
I don't believe this will destroy SHR, the Team, or Tony. They have all lived through the worst nightmare and a lawsuit should be something they can handle.
Can't believe it has been a year since that awful accident. Have to just say prayers for all involved so they can all move on, as I do everyday.
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