Kevin Ward Jr. family files wrongful death suit against Tony Stewart
WATKINS GLEN, N.Y. – The family of Kevin Ward Jr., who was struck and killed by a sprint car driven by Tony Stewart, has filed a wrongful death lawsuit against the NASCAR driver.
Ward Jr., 20, was walking down the Canandaigua (N.Y.) Motorsports Park dirt track toward Stewart’s car during a caution period of an Empire Super Sprints race when he was struck last Aug. 9.
According to a release by the Lanier Law Firm, which represents Ward's parents, Kevin and Pamela, the suit was filed Friday in the 5th Judicial District for the Supreme Court of the State of New York in Lowville. Stewart is the only named defendant and the suit states he “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.”
The suit claims that Stewart caused the accident that crashed Ward Jr.’s car initially, and citing his “unique race car and driving skills” and “extreme skill and control over his car” acted recklessly in revving his engine and not steering clear of Ward Jr. in the aftermath as other cars had. Ward Jr. died of blunt force trauma.
The suit does not state what the Ward family is seeking in damages. The suit contains four actions: wrongful death; terror, pain and suffering prior to death; intentional/reckless conduct; and gross negligence.
“Our son was truly the light of our lives and we miss him terribly every day,” the Wards 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.”
According to the release, neither the Ward family nor their attorneys will comment further.
Stewart-Haas Racing, where Stewart is a driver and co-owner, said it would not comment at this time. A NASCAR spokesman said the series will not comment.
According to filing documents, Stewart has 30 days to respond to the Ward suit if the summons is personally served to him while in New York. He otherwise has 20. New York law dictates that the suit can only collect for the future loss of expected earnings or care Ward Jr. would have generated. No figure is included in the suit.
The family has requested a jury trial.
On Aug. 9, 2014, Stewart and Ward were involved in an on-track incident that left Ward unable to continue in the Empire Super Sprints race. During the ensuing caution, Ward jumped out of his car and walked down the track’s surface to motion at Stewart. Stewart hit him in what he later called “100% an accident.”
Nearly seven weeks later, an Ontario County district attorney’s report stated that Ward Jr. was under the influence of marijuana at the time of the incident at a level high enough to impair judgement. A grand jury opted not to indict Stewart, who missed three races in the wake of the accident, including the event at Watkins Glen the following day.
Carl Tobias, a law professor at the University of Richmond School of Law, told USA TODAY Sports via email that Ward Jr.’s toxicology and conduct after the accident do not necessarily discount the civil suit. The assessment of damages depend “on how much responsibility a jury might assign to each person.”
“I think that the case will come down to how the jury views the facts and the respective responsibility of the two people involved,” Tobias said. “My sense is that the case will probably settle.
“The Ward family attorney, Mark Lanier, enjoys a reputation as one of the preeminent plaintiffs’ lawyers in the U.S. He has won a number of high profile cases, especially involving product liability and other torts involving issues like this one of vehicle safety.”
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At the time of the grand jury ruling last September, Ontario County District Attorney Michael Tantillo said there were two charges submitted for consideration against Stewart: manslaughter in the second degree and criminally negligent homicide. The grand jury heard the evidence and testimony from two dozen witness (including drivers, track employees, medical personnel and two accident experts) "over the better part of two days" and deliberated for less than an hour before reaching the decision, Tantillo said.
Tantillo also said two videos of the incident were examined, a clip that went viral on YouTube and another from the racetrack. The videos were run at 75%, 50% and 25% speed and overlaid with grids and data and "were an important piece of the evidence," Tantillo said. "The videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward, at which point his vehicle veered to the right up the track as a result of the collision. Prior to that, his course was pretty straight."
Stewart, a three-time Sprint Cup champion considered one of the greatest wheelmen of his generation, is slated to race at Watkins GIen International in the Sprint Cup race Sunday for the first time since 2012. He missed the race in 2013 after breaking his leg in a sprint car accident in Iowa.
At a charity event at Texas Motor Speedway on Wednesday, Stewart, who has rarely talked publicly about the incident, said: “I’m trying to not think about it. Unfortunately, I have a feeling it is going to be brought up a lot this week. It doesn’t help you continue to move forward with it.
"I don’t think I’ll ever be the same from what happened the last two years. I don’t know how you could be. I don’t know how anybody could ever be back to exactly the way they were."
A moment of silence is scheduled at Canandaigua on Saturday night, according to a track spokesman, as the Empire Super Sprints return to the track.
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Contributing: Jeff Gluck, USA TODAY Sports