Ward family files wrongful death lawsuit vs. Tony Stewart - 986 Forum - The Community for Porsche Boxster & Cayman Owners

Timco · 08-07-2015, 04:02 PM

Ward family files wrongful death lawsuit vs. Tony Stewart

LOWVILLE, N.Y. -- 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 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 Sprint Cup Series race Sunday.

"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."

thstone · 08-07-2015, 04:12 PM

About as surprising as a Boxster water pump failure. You knew it was coming, just not sure when.

steved0x · 08-07-2015, 04:34 PM

"Our hope is that we can get a payout from Tony Stewart and capitalize on this tragedy while not accepting our son's responsibility in the incident."

Tragic that a life was lost but these types of lawsuit irritate me.

Frodo · 08-07-2015, 06:42 PM

Quote:

Originally Posted by steved0x

"Our hope is that we can get a payout from Tony Stewart and capitalize on this tragedy while not accepting our son's responsibility in the incident."

Tragic that a life was lost but these types of lawsuit irritate me.

Agreed.

Seems like a classic Assumption of Risk situation to me...do something incredibly stupid and dangerous, be prepared to pay the price...and don't expect to hold someone else accountable. Don't get me wrong...I DO feel bad for Kevin Ward and his surviving family...surviving the impulsiveness and recklessness of youth is definitely not a given. I did, but that wasn't a given either---there were times I cut it very close, and there were times I was downright lucky. Some of you may well fall into that category as well.

But, bottom line, this poor kid, a hothead at precisely the wrong time, had no one to blame but himself..

Timco · 08-07-2015, 04:52 PM

They'll get run over in court. Kid was stoned, ran onto a live track.

Pro tip. Don't run into traffic.

Simon Tibbett · 08-07-2015, 05:28 PM

Pretty sad for Stewart I'm sure he pays for it in his mind daily. Nasty of the family though they're definitely trying to make some money from their son's death.

Giller · 08-07-2015, 05:48 PM

I don't get the timeframe. Nearly a year after his death? Why did it take so long?

JayG · 08-07-2015, 06:06 PM

Quote:

Originally Posted by Giller

I don't get the timeframe. Nearly a year after his death? Why did it take so long?

Ambulance chasing lawyers all competing for a piece of the pie
The family had to figure out who would give them the best deal

Mr.JonathanLanda · 08-09-2015, 06:43 AM

Quote:

Originally Posted by JayG

Ambulance chasing lawyers all competing for a piece of the pie

The family had to figure out who would give them the best deal

🏻 very true. Very very true

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jsceash · 08-16-2015, 03:58 PM

Quote:

Originally Posted by Giller

I don't get the timeframe. Nearly a year after his death? Why did it take so long?

It's the one year anniversary of the accident.

EJ-Fresno · 08-07-2015, 06:13 PM

Yes, the kid is out of his mind walking towards the cars driving...

JayG · 08-07-2015, 06:34 PM

Quote:

Originally Posted by EJ-Fresno

Yes, the kid is out of his mind walking towards the cars driving...

Yes, a dumb ass move.
Anyone with any track time knows you don't walk around on a hot track

Timco · 08-07-2015, 06:43 PM

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

Well, the pathologist report did mention he was stoned.....

Been there, did that, and it certainly impaired my judgment on more than one occasion.

tommy583 · 08-07-2015, 07:02 PM

This happened at a track less than 50 miles from my house. Most people around here don't blame Tony. The kid was stoned and dodging cars on the track. Then again if the NASCAR guys didn't get out of their cars and throw helmets at each others cars every other week maybe this wouldn't have happened. It really does stink for the kids family and Tony. I'm sure he will settle out of court just like most rich people that get sued.

Perfectlap · 08-08-2015, 10:15 AM

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

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.

mikefocke · 08-10-2015, 09:48 AM

And if I'm Stewart's lawyers, I say:

If I juke one way I risk juking the very way the guy was reacting trying to avoid. Better to stay where I am and hope he successfully avoids.

A race track is not where I'm expecting a pedestrian and so my brain isn't processing the image even if I'm seeing it. I'm looking for debris and the normal rules of street driving don't apply.

Mr.JonathanLanda · 08-10-2015, 10:03 AM

Quote:

Originally Posted by mikefocke

And if I'm Stewart's lawyers, I say:

If I juke one way I risk juking the very way the guy was reacting trying to avoid. Better to stay where I am and hope he successfully avoids.

A race track is not where I'm expecting a pedestrian and so my brain isn't processing the image even if I'm seeing it. I'm looking for debris and the normal rules of street driving don't apply.

+986

Race drivers are instructed to hit whatever is on the track head on to avoid further accident by swerving and loosing Control at high speed.

Since he obeyed race direction counts this as a racing incident with negligence by ward

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Timco · 08-07-2015, 07:30 PM

Toxicology reports revealed Kevin Ward Jr., was under the influence of marijuana on the night he was struck and killed by a sprint car driven by Tony Stewart, Ontario County (N.Y.) District Attorney Michael Tantillo said Wednesday.

DA: Kevin Ward Jr. was under the influence of marijuana

At a news conference to announce that a grand jury had declined to indict Stewart in Ward's death, Tantillo said the level of marijuana in Ward's system was high enough to impair judgment.

Later Wednesday, the Ward family indicated it was not satisfied with the decision to clear Stewart and said it will "pursue all remedies in fairness to Kevin."

Mr.JonathanLanda · 08-08-2015, 06:42 AM

1. As an attorney in the making. There's policies and laws that would categorize this as a racing incident.

2. Stewart can sue for defamation and damages (psychological, monetary, physical) because of the negligence of Ward.

Honestly intoxicated on weed and with cars can be pretty fun, but there's a time and place, def not at the race track.

Condolences to the fam

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plus3db · 08-08-2015, 07:02 AM

Quote:

Originally Posted by Mr.JonathanLanda

1. As an attorney in the making. There's policies and laws that would categorize this as a racing incident.

2. Stewart can sue for defamation and damages (psychological, monetary, physically) because of the negligence of Ward.

Honestly intoxicated on weed and with cars can be pretty fun, but there's a time and place, def not at the race track.

Condolences to the fam

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You haven't even started law school yet and you are already giving legal opinions???

Yea, real smart to drive a high performance car messed up on weed.
Do us a favor, try not to injure or kill anyone else when you wrap your cart around a telephone pole