Family of driver fatally struck by NASCAR star Tony Stewart files wrongful death suit
Tony Stewart. Image by Daniel Huerlimann-BEELDE / Shutterstock.com
A grand jury declined to indict NASCAR star Tony Stewart after he fatally struck another driver in a non-NASCAR race one year ago on a dirt track in upstate New York.
But that didn’t prevent the family of Kevin Ward Jr. from bringing a civil wrongful death suit.
Filed Friday in New York’s Lewis County Supreme Court, where Ward’s parents live, it seeks unspecified damages for alleged reckless conduct and gross negligence, reports ESPN.
“Our son was truly the light of our lives and we miss him terribly every day,” said Kevin and Pamela Ward in a written 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.”
A spokesman for Stewart declined ESPN’s request for comment. “I just know in my heart that it was 100 percent an accident,” Stewart said after the grand jury decided in September not to indict him.
Reuters and USA Today also have stories about the Aug. 9 incident at Canandaigua Motorsports Park. It occurred after the Stewart and Ward cars bumped each other, sending Ward’s car into a retaining wall.
Ward then got out of his car, as a yellow caution flag was flying, and went on the track toward Stewart’s car as it came around on the next lap, seeming to gesture at Stewart, according to news accounts. The suit says Stewart intentionally revved his engine as he drove past, which caused it to skid. A rear tire struck Ward, flinging him some 25 feet.
“Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag,” the suit says. “Stewart acted with disregard for Ward’s life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward.”
When Ontario County district attorney Michael Tantillo announced the grand jury’s decision not to indict Stewart, he said Ward had marijuana in his system when he died. Tantillo also said videos showed “no aberrational driving” by Stewart, the ESPN article notes.
Both sides have well-known attorneys: Mark Lanier is the lawyer for Ward’s parents. Stewart is represented by James Voyles, whose clients have included boxer Mike Tyson, and Indianapolis Colts owner Jim Irsay.
Related coverage:
USA Today: “Lawsuit filed against NASCAR’s Stewart in fatal dirt-track accident”
