Quote:
Originally Posted by Timco
I don't think this race had anything to do with NASCAR, did it?
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Trust me the family's lawyers will name Stewart, NASCAR, and anyone who allowed Stewart to enter this race. And they will find a way to argue that the wrist slaps he's received in the past contribued/permitted his status as an 'safe' driver whose aggression was incompatible with a junior formula.... or something to that effect. And a bunch of other stuff that a top dollar law firm will think of. And being that the event took place in NY state where the Governor is potential candidate for higher office, and not in a NASCAR home turf state like North Carolina, means its not just a local prosecutor's call.
The fact that the guy who wrecked him is also the guy who ran him over is very damning (from a victim's lawyer view) and not remotely a risk that NASCAR and Stewart's lawyers are going to gamble with in front of a jury. The family's trial lawyer will simply run "Tony Stewart's greatest "hits"' of deliberate spins and crashes in front of a jury to show he's a hot head, dangerous and skilled enough to know that he should have kept to the inside instead of driving close enough, presumably to flip him off or worse scare him, to have put the deceased in danger. Thats where the state prosecutor will be pondering Stewarts actions as "depraved indifference" or whatever they call it in New York state. And its not just criminal intent as the Sheriff mentioned under the prosecutor's consideration, but also criminal negligence. Frankly I'm amazed that the Sherrif has come out so unequivocally in Stewart's favor at this stage when all evidence that may exist hasnt even been gathered yet. But as a civil matter, the defendants won't let it go that far even if plaintiffs would love to settle during trial where the stakes go up ten fold.
Either way NASCAR will be writing one giant check whose sum will of course be 'confidential'. A NASCAR team owner killing a kid not old to drink a beer has no precedence. Which means they will be swinging for the fences.