The family of Kevin Ward Jr. on Friday filed a wrongful death lawsuit against Tony Stewart, who killed their son during an Empire Super Sprints race nearly a year ago.
Stewart, a three-time Sprint Cup champion, ran into Ward at high speeds while the race was under caution. An angry Ward had gotten out of his car to confront Stewart, who hit Ward as he zoomed by. The case was reviewed by a grand jury which decided not to file criminal charges against Stewart. They determined the death was accidental and that Stewart’s driving was not the reason for Ward’s death. It was also determined that Ward was under the influence of marijuana at the time of his death.
The lack of criminal charges has not stopped Ward’s family from deeming Stewart responsible for their son’s death. They believe Stewart gunned his engine.
“As Stewart’s car approached Ward, who was standing on the track, Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track,” the suit states.
“Defendant 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.
“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,” the suit says.
The suit was filed in Lewis County Supreme Court. The family is claiming reckless conduct, gross negligence and suffering by their son, in addition to wrongful death.
According to ESPN, New York law does not allow the Ward family to collect damages for their own pain and suffering but does allow parents to recover loss of expected future support and care that their child could have provided.
Stewart has maintained the death was unintentional.
“I know 100 percent in my heart and my mind that I did not do anything wrong. This was 100 percent an accident.”
The Ward family believes a jury will feel differently.
