08-07-2015, 04:02 PM
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#1
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I am my own mechanic....
Join Date: Feb 2013
Location: Salt Lake City, UT
Posts: 3,432
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Ward family files wrongful death lawsuit vs. Tony Stewart
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."
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08-07-2015, 04:12 PM
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#2
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Certified Boxster Addict
Join Date: Nov 2010
Location: Los Angeles
Posts: 7,669
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About as surprising as a Boxster water pump failure. You knew it was coming, just not sure when.
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08-07-2015, 04:34 PM
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#3
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Registered User
Join Date: Dec 2012
Location: FL
Posts: 4,144
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"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.
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08-07-2015, 04:52 PM
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#4
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I am my own mechanic....
Join Date: Feb 2013
Location: Salt Lake City, UT
Posts: 3,432
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They'll get run over in court. Kid was stoned, ran onto a live track.
Pro tip. Don't run into traffic.
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'04 Boxster S 50 Jahre 550 Spyder Anniversary Special Edition, 851 of 1953, 6-sp, IMS/RMS, GT Metallic silver, cocoa brown leather SOLD to member Broken Linkage.
'08 VW Touareg T-3 wife's car
'13 F150 Super Crew long bed 4x4 w/ Ego Boost
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08-07-2015, 05:28 PM
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#5
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Registered User
Join Date: Aug 2015
Location: Georgia, USA
Posts: 7
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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.
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08-07-2015, 05:48 PM
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#6
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Registered User
Join Date: Jul 2014
Location: Listowel, Ontario, Canada
Posts: 1,120
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I don't get the timeframe. Nearly a year after his death? Why did it take so long?
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2011 Boxster 987.2 Arctic silver / Black leather, PDK with Sports Chrono Package Plus
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08-07-2015, 06:06 PM
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#7
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On the slippery slope
Join Date: Mar 2014
Location: Austin and Palm Springs
Posts: 3,796
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Quote:
Originally Posted by Giller
I don't get the timeframe. Nearly a year after his death? Why did it take so long?
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Ambulance chasing lawyers all competing for a piece of the pie
The family had to figure out who would give them the best deal
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08-07-2015, 06:13 PM
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#8
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Registered User
Join Date: Oct 2014
Location: Santa Rosa, CA
Posts: 520
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Yes, the kid is out of his mind walking towards the cars driving... 
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08-07-2015, 06:34 PM
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#9
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On the slippery slope
Join Date: Mar 2014
Location: Austin and Palm Springs
Posts: 3,796
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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
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2004 Boxster S 6 speed - DRL relay hack, Polaris AutoTop DIY
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2020 BMW X3, 2013 Ram 1500, 2016 Cmax, 2004 F-150 "Big Red"
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08-07-2015, 06:42 PM
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#10
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Registered User
Join Date: Mar 2007
Location: Ohio
Posts: 2,012
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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.
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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..
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08-07-2015, 06:43 PM
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#11
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I am my own mechanic....
Join Date: Feb 2013
Location: Salt Lake City, UT
Posts: 3,432
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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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Well, the pathologist report did mention he was stoned.....
Been there, did that, and it certainly impaired my judgment on more than one occasion.
__________________
'04 Boxster S 50 Jahre 550 Spyder Anniversary Special Edition, 851 of 1953, 6-sp, IMS/RMS, GT Metallic silver, cocoa brown leather SOLD to member Broken Linkage.
'08 VW Touareg T-3 wife's car
'13 F150 Super Crew long bed 4x4 w/ Ego Boost
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08-07-2015, 07:02 PM
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#12
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98 Arctic silver 986
Join Date: Jul 2011
Location: Upstate, NY
Posts: 1,452
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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.
Last edited by tommy583; 08-07-2015 at 07:22 PM.
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08-07-2015, 07:30 PM
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#13
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I am my own mechanic....
Join Date: Feb 2013
Location: Salt Lake City, UT
Posts: 3,432
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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."
__________________
'04 Boxster S 50 Jahre 550 Spyder Anniversary Special Edition, 851 of 1953, 6-sp, IMS/RMS, GT Metallic silver, cocoa brown leather SOLD to member Broken Linkage.
'08 VW Touareg T-3 wife's car
'13 F150 Super Crew long bed 4x4 w/ Ego Boost
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08-08-2015, 06:42 AM
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#14
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Registered User
Join Date: Aug 2015
Posts: 185
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Ward family files wrongful death lawsuit vs. Tony Stewart
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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Last edited by Mr.JonathanLanda; 08-09-2015 at 06:45 AM.
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08-08-2015, 07:02 AM
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#15
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Registered User
Join Date: Aug 2014
Location: So Cal
Posts: 45
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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
Sent from my iPhone using Tapatalk
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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
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08-08-2015, 07:07 AM
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#16
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Registered User
Join Date: Aug 2015
Posts: 185
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Ward family files wrongful death lawsuit vs. Tony Stewart
Quote:
Originally Posted by plus3db
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
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I live with two attorneys 
I've driven cars you've dreamed of and not messed up on weed but highly motivated.
Bro, didn't you block me? Plz do
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Last edited by Mr.JonathanLanda; 08-09-2015 at 06:46 AM.
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08-08-2015, 07:36 AM
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#17
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I am my own mechanic....
Join Date: Feb 2013
Location: Salt Lake City, UT
Posts: 3,432
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Quote:
Originally Posted by plus3db
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
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As the weed line of discussion is certainly relevant, I'll ask this.
How many here would refuse to drive your car:
A) After one beer / mixed drink / glass of wine
B) After two beers / mixed drinks / glasses of wine
Let's set aside the legality. I'm asking about impairment. "Messed up on weed" and "stoned" are really broad terms, and nobody says a person who has consumed alcohol as described above is "messed up on booze" or "drunk" or "hammered".
__________________
'04 Boxster S 50 Jahre 550 Spyder Anniversary Special Edition, 851 of 1953, 6-sp, IMS/RMS, GT Metallic silver, cocoa brown leather SOLD to member Broken Linkage.
'08 VW Touareg T-3 wife's car
'13 F150 Super Crew long bed 4x4 w/ Ego Boost
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08-08-2015, 07:44 AM
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#18
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Registered User
Join Date: Oct 2014
Location: Santa Rosa, CA
Posts: 520
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You can drive your car (illegally of course) even if you had 2 beers as long as your judgement is not impaired.
Is it illegal to drive after smoking weed though?
__________________
2003 2.7 Boxster - Tiptronic - Carrera wheels - OBC - Red calipers - Cat pipes - Modified muffler - Rear speakers - K&N - Litronics
2006 V6 Mustang
2008 ML 350
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08-08-2015, 07:51 AM
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#19
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On the slippery slope
Join Date: Mar 2014
Location: Austin and Palm Springs
Posts: 3,796
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In many states, its driving impaired. Doesn't matter of it is booze or drugs
__________________
2004 Boxster S 6 speed - DRL relay hack, Polaris AutoTop DIY
2004 996 Targa Tip
Instructor - San Diego region
2014 Porsche Performance Driving School
2020 BMW X3, 2013 Ram 1500, 2016 Cmax, 2004 F-150 "Big Red"
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08-08-2015, 08:03 AM
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#20
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Registered User
Join Date: Aug 2015
Posts: 185
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Quote:
Originally Posted by EJ-Fresno
You can drive your car (illegally of course) even if you had 2 beers as long as your judgement is not impaired.
Is it illegal to drive after smoking weed though?
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Yes it is,
It counts like an over the counter that impairs your driving.
Medicating Should be 2-3 hours before a drive.
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