Quote:
Originally Posted by JayG
Yes, a dumb ass move.
Anyone with any track time knows you don't walk around on a hot track
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And contradicted by an endless reel of first tier NASCAR drivers doing precisely that...where Stewart himself appears rather conspicuously. None of these drivers were alleged to have been under the influence of Marijuana, alcohol or any other stimulants when they deliberately walked into the direction of traffic. As far as bad decision making, an expert witness could be brought on to argue that Ward's age and the lack of frontal lobe development prevented him physically from accurately sensing the danger he was moving towards. Whereas Tony Stewart a 40 year old grown man with an allegedly fully developed frontal lobe had no physical excuse for driving towards Ward to get close enough to yell at him or spray dirt on him. A second expert witness for the family, say a former professional racing driver could testify that Stewart had no reason to divert from the center of the track but to approach Ward and that such an act was inexcusable and reckless for an experienced professional. The defense would argue that the lighting was low and that Ward was wearing black but a decent plaintiff's lawyer could turn that on Stewart and argue all the more reason not to have driven that close to Ward in the first place as Stewart a veteran of dirt tracks is no stranger of such things.
A jury would have no trouble connecting the dots in declaring that Stewart was at least partially responsible for Ward's death.
Additionaly, the Ward family could put up a range of qualified expert witnesses to refute the contention that the presence of THC in the blood is proof of an individual being under the influence at the time of the race. Ward's very performance in the race, where he was driving very well, could be evidence that Ward was not impaired.
If Stewart is smart he'll get out the check book and not put himself in a position to potentially lose public support. Financially he has a lot more to lose than a judgment.