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-   -   Ward family files wrongful death lawsuit vs. Tony Stewart (http://986forum.com/forums/showthread.php?t=58228)

Timco 08-07-2015 04:02 PM

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."

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.

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 (Post 460540)
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

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 (Post 460546)
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

Frodo 08-07-2015 06:42 PM

Quote:

Originally Posted by steved0x (Post 460535)
"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 06:43 PM

Quote:

Originally Posted by JayG (Post 460549)
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.

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

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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plus3db 08-08-2015 07:02 AM

Quote:

Originally Posted by Mr.JonathanLanda (Post 460590)
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

Mr.JonathanLanda 08-08-2015 07:07 AM

Ward family files wrongful death lawsuit vs. Tony Stewart
 
Quote:

Originally Posted by plus3db (Post 460592)
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


I live with two attorneys [emoji182][emoji182]

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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Timco 08-08-2015 07:36 AM

Quote:

Originally Posted by plus3db (Post 460592)
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

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".

EJ-Fresno 08-08-2015 07:44 AM

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?

JayG 08-08-2015 07:51 AM

In many states, its driving impaired. Doesn't matter of it is booze or drugs

Mr.JonathanLanda 08-08-2015 08:03 AM

Quote:

Originally Posted by EJ-Fresno (Post 460608)
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?


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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Timco 08-08-2015 08:15 AM

Quote:

Originally Posted by EJ-Fresno (Post 460608)
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?

Private track?

I'm only saying it was likely more of a "hot head" factor than "pot head" that got him killed.

Mr.JonathanLanda 08-08-2015 08:24 AM

Quote:

Originally Posted by Timco (Post 460616)
Private track?



I'm only saying it was likely more of a "hot head" factor than "pot head" that got him killed.


They go hand and hand.
It is proven that people use less of a critical thinking approach if they consume medication/drugs/alcohol often. Maybe he got high that night, but got mad at that race and that's why we are talking about it.

What happens is that they get so used to the track because it's their second home that walking or being on it is normal. More brain cells could of helped


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Perfectlap 08-08-2015 09:30 AM

^not very smart counselor. I assume that's not your real name? This is an open forum and you're admitting to the use of a controlled substance while operating a motor vehicle and worse, expressing an opinion that supports a criminal activity. Passing background investigations performed by private employers, and certainly state and federal agencies, that investigate all material publicly available on the Internet that you have authored or posted is standard practice, either directly by the employer or through a third party contracted to investigate potential employees. It would not take a very complex investigation to connect your name with photos of yourself and any admissions of criminal activity, which could disqualify you from a wide range of legal employment or admission to your state's bar as well as the federal courts.

husker boxster 08-08-2015 10:06 AM

IIRC, that corner where the incident occurred was not lit very well and Ward was wearing a dark driving suit. That doesn't help the situation either.

But Ward broke rule #1: stay in your car until it's safe to get out. I just watched the video again and his car had barely stopped before he was out of it and he walked down into the middle lane to point at Stewart.

Perfectlap 08-08-2015 10:15 AM

Quote:

Originally Posted by JayG (Post 460549)
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.

EJ-Fresno 08-08-2015 10:21 AM

Does "reputation" matter so much that you'd rather clinch a financial deal and still be seen as guilty or go to trial and drops be charged?

Mr.JonathanLanda 08-08-2015 10:30 AM

Quote:

Originally Posted by Perfectlap (Post 460627)
^not very smart counselor. I assume that's not your real name? This is an open forum and you're admitting to the use of a controlled substance while operating a motor vehicle and worse, expressing an opinion that supports a criminal activity. Passing background investigations performed by private employers, and certainly state and federal agencies, that investigate all material publicly available on the Internet that you have authored or posted is standard practice, either directly by the employer or through a third party contracted to investigate potential employees. It would not take a very complex investigation to connect your name with photos of yourself and any admissions of criminal activity, which could disqualify you from a wide range of legal employment or admission to your state's bar as well as the federal courts.



1. I have done it outside of this country and it was in his property (:

2. Employers? Are you serious? That's poor talk. I'm the employer.

3. I will be the first to have canabbis driver school, for people that get a ticket while been high off weed.

4. And most importantly. I am not a counselor. My observation of the matter is quite correct.


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Mr.JonathanLanda 08-08-2015 10:33 AM

Quote:

Originally Posted by Mr.JonathanLanda (Post 460640)
1. I have done it outside of this country and it was in his property (:

2. Employers? Are you serious? That's poor talk. I'm the employer.

3. I will be the first to have canabbis driver school, for people that get a ticket while been high off weed. Mo money my friend [emoji182]

4. And most importantly. I am not a counselor. My observation of the matter is quite correct.


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Perfectlap 08-08-2015 10:50 AM

Quote:

Originally Posted by EJ-Fresno (Post 460638)
Does "reputation" matter so much that you'd rather clinch a financial deal and still be seen as guilty or go to trial and drops be charged?

You settle now... fresh off the decision not to prosecute. If you walk into the lion's den and allow the Ward family lawyers to do any number of things like for instance recreating the accident with helmet cams to show that Stewart had a clear line of sight to a guy in a black suit walking onto the track and then showing that Stewart must have turned the steering wheel to move towards Ward's spot.....very bad for Tony, especially if that gets released to the media.

Perfectlap 08-08-2015 11:00 AM

Quote:

Originally Posted by Mr.JonathanLanda (Post 460640)
1. I have done it outside of this country and it was in his property (:

2. Employers? Are you serious? That's poor talk. I'm the employer.

3. I will be the first to have canabbis driver school, for people that get a ticket while been high off weed.

4. And most importantly. I am not a counselor. My observation of the matter is quite correct.


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lol.

poor talk? If you were rich you wouldn't need to be working as a lawyer in the first place. Or are you planning to work as a public interest lawyer collecting no fees? Planning on living off someone's else money to maintain a high end lifestyle? Because public interest law doesn't pay for Porsches.
Also, admission of illegal acts on foreign soil will not get you past the bar admissions process anymore than admitting to illegal domestic activity.
And I know your not a counselor, they tend to be conservative with their publicly searchable admissions of illegal activity.

Mr.JonathanLanda 08-08-2015 11:09 AM

Ward family files wrongful death lawsuit vs. Tony Stewart
 
Aren't you the dumbass that asked me if I lift? All random

You should hit the books and less the weights


Quote:

Originally Posted by Perfectlap (Post 460648)
lol.



poor talk? If you were rich you wouldn't need to be working as a lawyer in the first place. Or are you planning to work as a public interest lawyer collecting no fees? Planning on living off someone's else money to maintain a high end lifestyle? Because public interest law doesn't pay for Porsches.

Also, admission of illegal acts on foreign soil will not get you past the bar admissions process anymore than admitting to illegal domestic activity.

And I know your not a counselor, they tend to be conservative with their publicly searchable admissions of illegal activity.


This is why stupid people should die.

This world is run by rules.

You see a red light, you stop.

So why not know how the rules work. Why not make your own rules, within the law.

So being an attorney does not mean you have to work and make a living by being people's problem solver. It means that you have the power of the state to do procedures that enable people and business to function properly.

An attorney can run a baseball team or a chain of hotels. You need law in everything.

I am becoming an attorney to let me continue our empire. Why will I do personal injury with commercial claims?

Because I can get millions for faxing in medical bills and records. A demand packet, and expect a commercial check to be from 1 mil to 10mil, depending on case.

I know how to submit info to BI Claim adjusters that make millions, unlike you maggot.

So come back to me once you know what an attorney is and how to make money.


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plus3db 08-08-2015 11:21 AM

Please everyone
STOP Feeding the Troll

His is simply a narcissistic spoiled brat who doesn't have a clue how the real world operates
He thinks his Daddy's money lets him say or do anything regardless of the consequences
No matter how right you may be and how wrong he may be, he will ALWAYS be right and you will always be wrong

In his juvenile warped mind, he may think he is being funny and in fact it is very sad.

His making statements like: "This is why stupid people should die." shows his character, his family's character and how he was poorly raised.
Those that really have money, generally don't make a point as often as they can about how rich they are nor do they spout off how poor others may be, especially when they have no clue to the other persons wealth

He is the kind of person that will run a red light, cause an accident that he is not part of and run away

Mr.JonathanLanda 08-08-2015 11:23 AM

Ward family files wrongful death lawsuit vs. Tony Stewart
 
Quote:

Originally Posted by plus3db (Post 460652)
Please everyone

STOP Feeding the Troll



His is simply a narcissistic spoiled brat who doesn't have a clue how the real world operates

He thinks his Daddy's money lets him say or do anything regardless of the consequences

No matter how right you may be and how wrong he may be, he will ALWAYS be right and you will always be wrong



In his juvenile warped mind, he may think he is being funny and in fact it is very sad.



His making statements like: "This is why stupid people should die." shows his character, his family's character and how he was poorly raised



He is the kind of person that will run a red light, cause an accident that he is not part of and run away


He gets it [emoji119]🏻[emoji482]

Just one wrong thing though. I don't run red lights.
My family sues negligence


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Mr.JonathanLanda 08-08-2015 11:36 AM

Ward family files wrongful death lawsuit vs. Tony Stewart
 
This is why stupid people should die., yes I said that.



People always say, I rather die than being told what to do.

Well, people that are dumb like our gym bro here, we need to tell them what to do, they are our laborers and we have to love them.

But some are just too dumb and they walk in the middle of a race.

Race direction knew sometimes people are dumb so in their briefings they tell them to stay in the car if there's ANY issue, heck, they'll tow you to the pits.

I was taught to wait, analyze what happened, make sure I'm ok and continue waiting. Let them do the work for you and tow me back. I am not walking, too lazy (X



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Timco 08-08-2015 12:02 PM

Quote:

Originally Posted by Mr.JonathanLanda (Post 460654)
This is why stupid people should die., yes I said that.



People always say, I rather die than being told what to do.

Well, people that are dumb like our gym bro here, we need to tell them what to do, they are our laborers and we have to love them.

But some are just too dumb and they walk in the middle of a race.

Race direction knew sometimes people are dumb so in their briefings they tell them to stay in the car if there's ANY issue, heck, they'll tow you to the pits.

I was taught to wait, analyze what happened, make sure I'm ok and continue waiting. Let them do the work for you and tow me back. I am not walking, too lazy (X



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Donald Trump over here.....:rolleyes:

plus3db 08-08-2015 12:26 PM

maybe we can resurrect that old thread about a neighbors XXX on a roof and substitute the neighbors XXX with the troll.

Then I think everyone would be in agreement with what was suggested to be done

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

Quote:

Originally Posted by JayG (Post 460542)
Ambulance chasing lawyers all competing for a piece of the pie

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


[emoji119]🏻 very true. Very very true


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linderpat 08-10-2015 07:33 AM

Quote:

Originally Posted by Perfectlap (Post 460648)
lol.

poor talk? If you were rich you wouldn't need to be working as a lawyer in the first place. Or are you planning to work as a public interest lawyer collecting no fees? Planning on living off someone's else money to maintain a high end lifestyle? Because public interest law doesn't pay for Porsches.
Also, admission of illegal acts on foreign soil will not get you past the bar admissions process anymore than admitting to illegal domestic activity.
And I know your not a counselor, they tend to be conservative with their publicly searchable admissions of illegal activity.

I wouldn't engage that gutter snipe. The most encouraging thing I heard him say was that he liked to drive stoned. Darwin will catch up with him in due time, as happens so often with these pretentious imbeciles. It'll be sad for the family though, and that's too bad.

Mr.JonathanLanda 08-10-2015 07:37 AM

Ward family files wrongful death lawsuit vs. Tony Stewart
 
Quote:

Originally Posted by linderpat (Post 460843)
I wouldn't engage that gutter snipe. The most encouraging thing I heard him say was that he liked to drive stoned. Darwin will catch up with him in due time, as happens so often with these pretentious imbeciles. It'll be sad for the family though, and that's too bad.


Completely unnecessary

Encouraging? Seriously. Hahaha I wish I could encourage you to work smarter and not harder.
Hahah this loser


[emoji482][emoji119]🏻

A drink for the poor butt hurt ppl !




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BIGJake111 08-10-2015 07:48 AM

Quote:

Originally Posted by Timco (Post 460657)
Donald Trump over here.....:rolleyes:


I'll be the first to buy tickets out of the country when the election comes down to trump and socialist sanders.

I'm not pleased that the first election I get to take part in will either be some mix between two candidates with names that have already been in office, trumps hair, or a socialist that would literally take every Obama or Carter mistake and double down on it.


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