View Full Version : Stewart Has Wrongful Death Suit Filed Against Him
http://www.msn.com/en-us/sports/motorsports/wards-family-files-wrongful-death-suit-against-tony-stewart/ar-BBluJfd
In The Gas
08-07-2015, 05:25 PM
Being high or testing positive for THC and walking out on the track, I don't see a jury favoring Wards family. However, this is a bad situation all the way around.
t3r3e3
08-07-2015, 06:06 PM
Being high or testing positive for THC and walking out on the track, I don't see a jury favoring Wards family. However, this is a bad situation all the way around.
True on the dope and actions by Ward, but there are two sides to the story. Tony has an extensive hothead history, both on asphalt and dirt. He's used his car as a weapon before, assaulted members of the press, and acted exactly as Ward did after being in the receiving end of an incident. Anyone else member the time he blatantly turned Kenseth in front of the whole field at Daytona? That behavior history will not be lost on the plaintiff's attorney, or the jury.The first thing I thought when I saw the video was Tony gassed it to try to scare or taunt Ward, and it failed, with tragic consequences. Why else would he have throttled up right before getting to an obviously displeased Ward.
MI Dirt Fan
08-07-2015, 06:31 PM
When you throttle a sprint car they tend turn left
Highside Hustler25
08-07-2015, 06:44 PM
Being high or testing positive for THC and walking out on the track, I don't see a jury favoring Wards family. However, this is a bad situation all the way around.
totally agree.
t3r3e3
08-07-2015, 07:12 PM
When you throttle a sprint car they tend turn left
And the back end kicks right. Tell me, which end hit Ward, and what side was Ward on?
Highside Hustler25
08-07-2015, 07:20 PM
And the back end kicks right. Tell me, which end hit Ward, and what side was Ward on?
Who cares where Ward was on the track. He was stoned, walked out onto a race surface while cars were still moving, and got hit. End of story.
Pretty obvious you have a hard on for Stewie.
t3r3e3
08-07-2015, 07:28 PM
Who cares where Ward was on the track. He was stoned, walked out onto a race surface while cars were still moving, and got hit. End of story.
Pretty obvious you have a hard on for Stewie.
Not really, I could care less about Stewart one way or the other as a racer. I do like the fact he bought Eldora and kept Earl's dream rolling. However, the bottom line is the stuff I posted is likely going to be the angle the Ward family pushes. It doesn't mean Tony will lose the suit, but his many past actions and poor behavior will be used against him, period. Also, there's the fact that a civil suit requires a lower level of culpability and reasonable doubt than a criminal case. I'm not wishing for one outcome or the other, and neither verdict will bring Ward back, but there's more to it than Ward simply had THC in his system.
t3r3e3
08-07-2015, 07:31 PM
Who cares where Ward was on the track. He was stoned, walked out onto a race surface while cars were still moving, and got hit. End of story.
Pretty obvious you have a hard on for Stewie.
And we have no clue whether Ward was "stoned" when it happened. Marijuana is fat soluble, and stays in the human body at detectable levels for 30 days or more. We know beyond a doubt he made a poor choice to exit the car and come down the track, but sober and clean people also make poor choices daily.
drano
08-07-2015, 07:36 PM
There is more than the fact he had THC in his system he ran onto a race track in apparent anger with moving race cars on it I am sure he attended the drivers meeting and they always say not to exit your car until safety workers arrive.
Highside Hustler25
08-07-2015, 07:36 PM
Not really, I could care less about Stewart one way or the other as a racer. I do like the fact he bought Eldora and kept Earl's dream rolling. However, the bottom line is the stuff I posted is likely going to be the angle the Ward family pushes. It doesn't mean Tony will lose the suit, but his many past actions and poor behavior will be used against him, period. Also, there's the fact that a civil suit requires a lower level of culpability and reasonable doubt than a criminal case. I'm not wishing for one outcome or the other, and neither verdict will bring Ward back, but there's more to it than Ward simply had THC in his system.
I'm not a Stewie fan just because of his temperamental attitude, but I think it would be a crock of $#@& if found guilty. Anytime someone puts them self in a position such as Ward did, I can blame nobody but himself. Stranger things happen in a court room so who knows. You could be right but I sure hope not.
MUD MAESTRO
08-07-2015, 07:39 PM
Not really, I could care less about Stewart one way or the other as a racer. I do like the fact he bought Eldora and kept Earl's dream rolling. However, the bottom line is the stuff I posted is likely going to be the angle the Ward family pushes. It doesn't mean Tony will lose the suit, but his many past actions and poor behavior will be used against him, period. Also, there's the fact that a civil suit requires a lower level of culpability and reasonable doubt than a criminal case. I'm not wishing for one outcome or the other, and neither verdict will bring Ward back, but there's more to it than Ward simply had THC in his system.
Ageed, litigation in a civil suit can take turns you would not imagine. Dont think this will be a cake walk for Stewart. IMO, a settlement will take place out of court.
chupp n bloomer fan
08-07-2015, 07:46 PM
Not really, I could care less about Stewart one way or the other as a racer. I do like the fact he bought Eldora and kept Earl's dream rolling. However, the bottom line is the stuff I posted is likely going to be the angle the Ward family pushes. It doesn't mean Tony will lose the suit, but his many past actions and poor behavior will be used against him, period. Also, there's the fact that a civil suit requires a lower level of culpability and reasonable doubt than a criminal case. I'm not wishing for one outcome or the other, and neither verdict will bring Ward back, but there's more to it than Ward simply had THC in his system.Well said.
chupp n bloomer fan
08-07-2015, 07:47 PM
There is more than the fact he had THC in his system he ran onto a race track in apparent anger with moving race cars on it I am sure he attended the drivers meeting and they always say not to exit your car until safety workers arrive.Shannon Thornsberry at PRP last weekend. Could have easily been blasted when he was beating on the guy's head.
My point is they still do it all the time.
chupp n bloomer fan
08-07-2015, 07:49 PM
True on the dope and actions by Ward, but there are two sides to the story. Tony has an extensive hothead history, both on asphalt and dirt. He's used his car as a weapon before, assaulted members of the press, and acted exactly as Ward did after being in the receiving end of an incident. Anyone else member the time he blatantly turned Kenseth in front of the whole field at Daytona? That behavior history will not be lost on the plaintiff's attorney, or the jury.The first thing I thought when I saw the video was Tony gassed it to try to scare or taunt Ward, and it failed, with tragic consequences. Why else would he have throttled up right before getting to an obviously displeased Ward.Couldn't have said any of it any better myself.
drano
08-07-2015, 08:08 PM
Shannon Thornsberry at PRP last weekend. Could have easily been blasted when he was beating on the guy's head.
My point is they still do it all the time.
Yes they still do it but it is still very dangerous and can have a grave out come like we have in this case.
mud duck
08-07-2015, 08:28 PM
I believe this will ultimately turnout to be an undisclosed settlement. I would think Tony wouldn't want all his past problems on the track to be brought up along with his temper off the track. It just doesn't look good. He's still got sponsors to please. Find a number, that both parties will agree and get this behind them!! Tony can afford to part with a little money to get this behind him. I'm sure it wasn't a surprise to him and his legal team. Civil suits can be tricky and if their not careful the jury could easily find in the families favor for a huge sum!!
kidrock
08-07-2015, 08:31 PM
And again some are speculating on what happened and really don't know the reason why Tony gassed the car. Yes I do agree it could have been to intimidate Kevin or it could have been to avoid him none of us really know and the only person that does is Tony himself. I'm not so, sure ithis will be settled out of court because it seems like the Ward family wants Tony to own this and want him to be found at fault. And I'm not saying he is or isn't because, I simply don't know. As I said when it happened it's very unfortunate it had to happen at all. JMO and I could be totally wrong on this.
zyoung25
08-07-2015, 08:35 PM
Shannon Thornsberry at PRP last weekend. Could have easily been blasted when he was beating on the guy's head.
My point is they still do it all the time.
Wilson released a statement Tuesday I think it was about that whole deal. He said Shannon not only hit him, he also grabbed a hold of his helmet and twisted it. The way I took it, it broke the snaps on his HANS device.
Im with HH25 on this deal. Its walking into rush hour traffic and looking for the guy that cut you off. It's just plain dumb IMO.
t3r3e3
08-07-2015, 08:47 PM
And again some are speculating on what happened and really don't know the reason why Tony gassed the car. Yes I do agree it could have been to intimidate Kevin or it could have been to avoid him none of us really know and the only person that does is Tony himself. I'm not so, sure ithis will be settled out of court because it seems like the Ward family wants Tony to own this and want him to be found at fault. And I'm not saying he is or isn't because, I simply don't know. As I said when it happened it's very unfortunate it had to happen at all. JMO and I could be totally wrong on this.
I don't think you're wrong on any of it. I'll admit my point on why Stewart gassed it exactly when he did was pure speculation. No one knows but Tony. However, we're talking courtrooms here, and....
No other driver passing Ward gassed it then, no one else had just bumped Ward over the berm in 1/2, and no one else had an obvious reason to provoke, antagonize, or incur the ire of the visibly angry Ward. Combine that with Tony's extensive history of hot head behavior, both on dirt (well known here) and asphalt (well known to NA$CAR fans), and you have a civil case. My opinion might be speculative, but it isn't much of a reach. The prosecuting attorneys definitely will play that angle for all its worth if a settlement isn't reached. From the sound of the Ward family, a settlement may not be in the cards either.
Nasty55
08-07-2015, 08:52 PM
This lawsuit will never stand up in court I don't imagine.... But that's just my opinion...
kidrock
08-07-2015, 08:56 PM
I don't think you're wrong on any of it. I'll admit my point on why Stewart gassed it exactly when he did was pure speculation. No one knows but Tony. However, we're talking courtrooms here, and....
No other driver passing Ward gassed it then, no one else had just bumped Ward over the berm in 1/2, and no one else had an obvious reason to provoke, antagonize, or incur the ire of the visibly angry Ward. Combine that with Tony's extensive history of hot head behavior, both on dirt (well known here) and asphalt (well known to NA$CAR fans), and you have a civil case. My opinion might be speculative, but it isn't much of a reach. The prosecuting attorneys definitely will play that angle for all its worth if a settlement isn't reached. From the sound of the Ward family, a settlement may not be in the cards either.
Don't get me wrong I have to agree where you going with this. All I'm saying is we don't really know, because I wonder how many of the other drivers actually saw Kevin, kevin kept running down the track so some didn't have to avoid him. How do we know Tony didn't see him at the last minute and gassed it to try and avoid Kevin. Like I said we just don't really know the truth but, your right it's a civil case and with Stewart's past they just might have a good case.
swartzman
08-07-2015, 08:57 PM
Its not going to make any difference whether he was high or not.. the moral of the story is Tony's car hit him and he died from it.. the Ward's will collect a check.. that's going to be the end result..
Dirtlatemodel
08-07-2015, 10:18 PM
Very true only Tony knows the facts of his intent when he gassed the car, and if he gassed it to intimidate Kevin (which I believe he did) he'll never admit it.
I thought it was interesting all along that they checked the victim for drugs in his system and not the accused!?!? (If they did I never heard about it)
Either way Tony will write a check and buy his way out of this. (Again)
swartzman
08-07-2015, 10:34 PM
I'm sure all of Tony's stuff is llc'd so he's protected..
IZZOJR16
08-07-2015, 10:37 PM
needs to settle and move on.
Hard to say Stewart was at fault. He didn't run up the track and hit a parked car. He hit a guy in a black fire suit that was running towards him. Did he hit the gas, yes. Was weed in Wards system, yes. To me both are almost irrelevant. All he has to do is stick to the "I didn't see him/ was trying to avoid him" story. None of us know if it's true, but the only fact is that if Ward stayed in his car, he'd be alive today. Proving what a man saw, and intent will be impossible. It's a civil suit, so it's different, and easier to win, but without a jury full of bleeding hearts, I just don't see it.
I'm sure Stewart just wants this to go away though, so if they can agree on a number it's probably not getting that far.
25drtrkr
08-07-2015, 10:43 PM
needs to settle and move on.
That will probably depend on what his sponsors mind set is. They may drop him if hes found guilty or they may want him to settle and not get dragged through the mud.
In any case, I'll never understand how one can be found innocent in a criminal case and then be sued in a civil case. I always thought innocent meant innocent!
swartzman
08-07-2015, 11:06 PM
He wasn't found guilty,but his property killed the young man..
blncfn57
08-08-2015, 12:31 AM
He wasn't found guilty,but his property killed the young man..
by your logic, if you are driving home tonight and a drunk driver drives into your lane and you fail to avoid them..... you are at fault.
D. Tidrow
08-08-2015, 01:58 AM
by your logic, if you are driving home tonight and a drunk driver drives into your lane and you fail to avoid them..... you are at fault.Not this again, the victims looking for somebody to blame. No matter what the liberals of the board say. If he didn't get out of his car to act like an a$$, this wouldn't have happened. Further more if a rich famous man haven't had hit him this whole situation would be dead. Stewart has already been cleared of wrongdoing in the eyes of the law. Some of the same people crying foul said they would give Tyler Walker a chance in their car if he could pass a weekly drug test, could the victim pass a weekly drug test... No doesn't look like it.
racer67x
08-08-2015, 03:01 AM
Not this again, the victims looking for somebody to blame. No matter what the liberals of the board say. If he didn't get out of his car to act like an a$$, this wouldn't have happened. Further more if a rich famous man haven't had hit him this whole situation would be dead. Stewart has already been cleared of wrongdoing in the eyes of the law. Some of the same people crying foul said they would give Tyler Walker a chance in their car if he could pass a weekly drug test, could the victim pass a weekly drug test... No doesn't look like it.
same thing I thought..not this again.
GregA12
08-08-2015, 03:06 AM
same thing I thought..not this again.
I'm sure they'll settle cuz Tony wants it to go away but I hope he fights it. Parents looking to pad their retirement acct. What a joke. They'll settle and parents will spend their days in the Bahamas but I hope not.
blncfn57
08-08-2015, 03:59 AM
Not this again, the victims looking for somebody to blame. No matter what the liberals of the board say. If he didn't get out of his car to act like an a$$, this wouldn't have happened. Further more if a rich famous man haven't had hit him this whole situation would be dead. Stewart has already been cleared of wrongdoing in the eyes of the law. Some of the same people crying foul said they would give Tyler Walker a chance in their car if he could pass a weekly drug test, could the victim pass a weekly drug test... No doesn't look like it.
My response was only to the comment I quoted. I do not agree with this bull$hit in any way. I feel the same as you.
D. Tidrow
08-08-2015, 05:32 AM
My response was only to the comment I quoted. I do not agree with this bull$hit in any way. I feel the same as you.Thank you, i thought maybe I posted too much. But now over my morning coffee, I think it's just right. Cleared of all of all wrong doing in the eyes of the law. Now it's just a cash grab. I thought we were all race fans on 4m.
Avenger
08-08-2015, 05:59 AM
There seems to still be speculation that Stewert accelerated before hitting Ward. I Watched the video several times. If you pay particular attention the moment the front of Tony's car meets Ward you will see the front wheels turn quickly to the right and the car turns hard to the right then you hear the sound of a car accelerating but (its hard to tell to me it sounded like it came from another part of the track like turn 3 or the front stretch ). Then once Ward was down and caught up in the right rear Tony was able to straighten back out. My view is. Tony didn't see Ward and Ward walked into Tony's path and got run over. I don't think tony accelerated because of the actions the car made at the moment of impact. The car IMO was being drug off course by Wards body and not from Tony accelerating
Highside Hustler25
08-08-2015, 06:37 AM
Not this again, the victims looking for somebody to blame. No matter what the liberals of the board say. If he didn't get out of his car to act like an a$$, this wouldn't have happened. Further more if a rich famous man haven't had hit him this whole situation would be dead. Stewart has already been cleared of wrongdoing in the eyes of the law. Some of the same people crying foul said they would give Tyler Walker a chance in their car if he could pass a weekly drug test, could the victim pass a weekly drug test... No doesn't look like it.
good post DT
dirtracr33
08-08-2015, 08:01 AM
he never had a reason to get out of his car in the first place..stewart never touched him...
In The Gas
08-08-2015, 08:42 AM
He wasn't found guilty,but his property killed the young man..
Whose property was it that killed Dale Earnhardt? I don't recall Sterling Marlin having a civil suit filed against him. It's not a who touched who last situation.
If the Ward family gets any compensation it will only be because Tony agreed to get this resolved.
MasterSbilt_Racer
08-08-2015, 08:48 AM
And the back end kicks right. Tell me, which end hit Ward, and what side was Ward on?
Have we already forgotten that Ward grabbed the wing and fell onto a spinning tire?
MasterSbilt_Racer
08-08-2015, 08:55 AM
I don't think you're wrong on any of it. I'll admit my point on why Stewart gassed it exactly when he did was pure speculation. No one knows but Tony. However, we're talking courtrooms here, and....
No other driver passing Ward gassed it then, no one else had just bumped Ward over the berm in 1/2, and no one else had an obvious reason to provoke, antagonize, or incur the ire of the visibly angry Ward. Combine that with Tony's extensive history of hot head behavior, both on dirt (well known here) and asphalt (well known to NA$CAR fans), and you have a civil case. My opinion might be speculative, but it isn't much of a reach. The prosecuting attorneys definitely will play that angle for all its worth if a settlement isn't reached. From the sound of the Ward family, a settlement may not be in the cards either.
One car before Tony nearly hit Ward. He swerved at the last second. And, Stewart never bumped him. He probably didn't even know Ward crashed until he came back around.
b1eagle
08-08-2015, 09:01 AM
I am shocked the Ward family would expose there sons drug use while driving a race car for money.
Josh Bayko
08-08-2015, 09:17 AM
Have we already forgotten that Ward grabbed the wing and fell onto a spinning tire?
Apparently most people have. They also insist that Tony goosed the throttle when he didn't. The goosed throttle is from a different car closer to the camera.
A crappy video from across the track is very poor evidence, and people insist on using it to make their argument. The moron who posted it to YouTube it did racing in general a tremendous disservice.
There is an HD video that was shot from a different angle that tells the real story. People other than cops or lawyers will never see it, though. I know the guy that shot it, and he has been offered ridiculous sums of money for it. He will not sell it.
golddirt
08-08-2015, 10:49 AM
what is that paper you sign when you go into the pits?
is sad the wards can not accept what thier son done was wrong. yes tony has had issues in past , every driver has! what about all of the suffering tony has went thru? wards are looking for a paycheck from their sons loss of life and that is sad. every driver that gets in a race car knows it may be the last time he ever does that because racing is a dangerous sport. this very well could blow up in the wards face, again. RIP Kevin
Okfine
08-08-2015, 10:55 AM
There is more than the fact he had THC in his system he ran onto a race track in apparent anger with moving race cars on it I am sure he attended the drivers meeting and they always say not to exit your car until safety workers arrive.
Good post Drano.
Play stupid games , win stupid prizes.........sad, but people die every day for being stupid.
ClampedUp
08-08-2015, 10:56 AM
what is that paper you sign when you go into the pits?
is sad the wards can not accept what thier son done was wrong. yes tony has had issues in past , every driver has! what about all of the suffering tony has went thru? wards are looking for a paycheck from their sons loss of life and that is sad. every driver that gets in a race car knows it may be the last time he ever does that because racing is a dangerous sport. this very well could blow up in the wards face, again. RIP Kevin
That paper aka release form you sign when you go into the pits isn't worth the paper it's printed on as has been proven many times in various legal proceedings.....
Okfine
08-08-2015, 11:02 AM
I don't think you're wrong on any of it. I'll admit my point on why Stewart gassed it exactly when he did was pure speculation. No one knows but Tony. However, we're talking courtrooms here, and....
No other driver passing Ward gassed it then, no one else had just bumped Ward over the berm in 1/2, and no one else had an obvious reason to provoke, antagonize, or incur the ire of the visibly angry Ward. Combine that with Tony's extensive history of hot head behavior, both on dirt (well known here) and asphalt (well known to NA$CAR fans), and you have a civil case. My opinion might be speculative, but it isn't much of a reach. The prosecuting attorneys definitely will play that angle for all its worth if a settlement isn't reached. From the sound of the Ward family, a settlement may not be in the cards either.
Ward ran out of room, should have lifted...........he was trying to get a lucky move in against a BIGTIME nascar driver, and it didn't work.
What he did after that was all on him...........and btw, as has been stated, wasn't Tonys car you heard gassing up.
Sad deal, family in major denial though........grasping at straws.
It would seem, at least looking at the situation from afar, Stewart's past irrational behavior is the major impetus for the civil suit. A civil suit requires only a preponderance of evidence, in other words, on 51% of the evidence is needed to be granted a settlement, or an outright acquittal.
This is a similar situation to the O.J. Simpson case where he was acquitted of any wrongdoing criminally but lost a civil wrongful death suit filed by the family of Ronald Goldman because a preponderance of proof in favor of the plaintiff. It only takes 51% of the evidence in the opinion of the jury and if that opinion goes in favor of the Ward family then Stewart will have to pay the punitive damages set by either the judge or the jury. If 51% of the evidence presented is in favor of Stewart according to the jury then he walks away unscathed, except for the lawyers fee's.
To call the Ward family money grubbers looking for a payoff is awfully speculative since I doubt there is anyone here who have ever met or know anything about them. Without knowing all of what the Ward family knows and not having what appeared to be a healthy and vibrant young son die senselessly way, way before his time it might be just a little hard to pass judgement on them.
I have said this before, and have been roundly berated by some, however it is the plain and simple truth. Tony Stewart's past is working overtime against him in this matter. He is solely responsible for his past irrational actions and, right or wrong, they have come back to haunt him. Whatever you call me or however you ridicule me doesn't change the truth in reference to Stewart's past blowups. It is hard to ignore the obvious.
However this goes, one way or the other, it isn't going to be good for racing. My biggest hope is that it's settled and put to rest once and for all and justice is ultimately done no matter who comes out on top.
Cardirt0
08-08-2015, 11:08 AM
Not a Tony fan But ... I hope he fights this..The kids High, Mad, and out on the track were he should not be.. If I was Tony i would counter Sue for the Pain and suffering that was caused too him. Being a a$$ does not make you a killer...If they win i would never lone my car too no one cause if the driver hits some one they may sue you now if they think they can get money... This is going after a rich guy when there kid F up .. This PC $hit is out of control...How menny drivers will give up racing if they think they may lose everything if some d!ck head sues them even when they are wrong... If they win you will see 2 or 3 people Sue every year just for money...If they win see Tony sell all his dirt cars Saying it not worth it no more.....
drano
08-08-2015, 11:24 AM
Not a Tony fan But ... I hope he fights this..The kids High, Mad, and out on the track were he should not be.. If I was Tony i would counter Sue for the Pain and suffering that was caused too him. Being a a$$ does not make you a killer...If they win i would never lone my car too no one cause if the driver hits some one they may sue you now if they think they can get money... This is going after a rich guy when there kid F up .. This PC $hit is out of control...How menny drivers will give up racing if they think they may lose everything if some d!ck head sues them even when they are wrong... If they win you will see 2 or 3 people Sue every year just for money...If they win see Tony sell all his dirt cars Saying it not worth it no more.....
Good post Cardirt and also Tony's life and actions are documented because of his status as a top nascar driver we know nothing of the Ward kid ,his temper may have been as bad or worse than Tony's that is something we just don't know but you have to consider the way he ran onto the track in apparent anger.
TS FAN
08-08-2015, 11:27 AM
Simply a money grab hoping for a settlement. Not a remote chance of winning in court. Just hoping for settlement. Surprise it took this long. Slimy lawyers make a fortune doing this stuff.
TS FAN
08-08-2015, 11:34 AM
Good post Cardirt and also Tony's life and actions are documented because of his status as a top nascar driver we know nothing of the Ward kid ,his temper may have been as bad or worse than Tony's that is something we just don't know but you have to consider the way he ran onto the track in apparent anger.
We need to remember this. Tony was not mad, he had no reason to be mad. His temper never played into this, only on these boards and in the media stirring things up. I am not defending him because i like him, but this is done deal. Lawyer just trying to see if they can get him to settle. I know the law and plenty of lawyers and they take the same position. The lawyer will never take this case to court. It is not winnable. Pure and simple. But Stewart might settle just to get this out of his life. that is the hope.
b1eagle
08-08-2015, 12:09 PM
We need to remember this. Tony was not mad, he had no reason to be mad. His temper never played into this, only on these boards and in the media stirring things up. I am not defending him because i like him, but this is done deal. Lawyer just trying to see if they can get him to settle. I know the law and plenty of lawyers and they take the same position. The lawyer will never take this case to court. It is not winnable. Pure and simple. But Stewart might settle just to get this out of his life. that is the hope.
That would be admitting guilt and that is wrong.Tony has had a hard time with this also.Money will not bring their son back.
25drtrkr
08-08-2015, 12:14 PM
We need to remember this. Tony was not mad, he had no reason to be mad. His temper never played into this, only on these boards and in the media stirring things up. I am not defending him because i like him, but this is done deal. Lawyer just trying to see if they can get him to settle. I know the law and plenty of lawyers and they take the same position. The lawyer will never take this case to court. It is not winnable. Pure and simple. But Stewart might settle just to get this out of his life. that is the hope.
Good post, TSFan!
drano
08-08-2015, 12:19 PM
We need to remember this. Tony was not mad, he had no reason to be mad. His temper never played into this, only on these boards and in the media stirring things up. I am not defending him because i like him, but this is done deal. Lawyer just trying to see if they can get him to settle. I know the law and plenty of lawyers and they take the same position. The lawyer will never take this case to court. It is not winnable. Pure and simple. But Stewart might settle just to get this out of his life. that is the hope.
Agreed, Tony was not mad just saying that to say this everyone is saying Tony's temper is saying his is guilty I don't think so, and for everyone condemning Tony for his temper the Ward kid displayed the same temperament that everyone is saying Tony has.
TS FAN
08-08-2015, 12:43 PM
If Stewart decides to give the family some money, it will be with a stipulation that it is not made public.
I doubt that what is decided by Stewart will ever come to light. One thing is for sure. He is not going to give them some money, then stand by and let them continue to accuse him of purposely killing their kid. Take that to the bank. Stewart has a good heart and he is suffering from this which is obvious. However it is not because he was at fault of his own doing. Any decent human being would be horrified that something like this happened to them. I would be too. The family has forfeited any dignity they have left with these ridiculous continuing accusations after the fact. So they are looking to gain financially.
formercrewguy
08-08-2015, 02:46 PM
The Ward's are asking for a jury trial. Bad news for Smoke. He will settle quickly.
Okfine
08-08-2015, 03:07 PM
The Ward's are asking for a jury trial. Bad news for Smoke. He will settle quickly.
Legal extortion........and unfortunately your right, it will settle quickly.
Do you think they would be doing the same thing if Kevin had run out on the track and got run over by a no name???
Stuff like this repulses me, hope they find no joy spending the blood money they get from Tony.
The smell of money makes people's moral compass go haywire.....sad for their loss even sadder for their loss in judgement.
Let me be clear, this is pure speculation on my part.
I think that the Ward family believes that Stewart should have been charged and tried for something. I don't know enough about the laws in New York State but I honestly think that the Ward family felt as if justice was not served in the wake of the grand jury's unwillingness to bring some sort of an indictment. So, the next best thing for them is civil litigation.
Given the rules of evidence in civil litigation and the highly liberal-progressive state of social politics in New York the Ward family, with the right attorney, may be able to get a degree of the justice they believe they deserve.
Again, it's only speculation but what reinforces that theory to a certain extent is the way the Ward family reacted with such vitriol towards Stewart following the grand jury's failure to bring an indictment. They may think that a big name driver got away with dodging some degree of culpable liability because of who he is
Obviously, intent, or lack thereof is ultimately going to be the hinge that the case swings
on.
I will also agree with the theory that if it was almost anyone but Stewart this probably would have been put to rest long ago.
As has been stated previously, this is bad for racing in general and it seems that this case is headed for a conclusion that is going to leave someone with bitterness that won't ever go away. I really hope that bitterness is held to a minimum regardless of who comes out on top.
TS FAN
08-08-2015, 04:24 PM
The Ward's are asking for a jury trial. Bad news for Smoke. He will settle quickly.
This is called a bluff. No bad news for Smoke. You think for a minute he didn't expect this from these people. They want MONEY>. Geez this is a no brainer.
TS FAN
08-08-2015, 04:29 PM
Let me be clear, this is pure speculation on my part.
I think that the Ward family believes that Stewart should have been charged and tried for something. I don't know enough about the laws in New York State but I honestly think that the Ward family felt as if justice was not served in the wake of the grand jury's unwillingness to bring some sort of an indictment. So, the next best thing for them is civil litigation.
Given the rules of evidence in civil litigation and the highly liberal-progressive state of social politics in New York the Ward family, with the right attorney, may be able to get a degree of the justice they believe they deserve.
Again, it's only speculation but what reinforces that theory to a certain extent is the way the Ward family reacted with such vitriol towards Stewart following the grand jury's failure to bring an indictment. They may think that a big name driver got away with dodging some degree of culpable liability because of who he is
Obviously, intent, or lack thereof is going to what the case hinges on.
I will also agree with the theory that if it was almost anyone but Stewart this probably would have been put to rest long ago.
As has been stated previously, this is bad for racing in general and it seems that this case is headed for a conclusion that is going to leave someone with bitterness that won't ever go away. I really hope that bitterness is held to a minimum regardless of who comes out on top.
There is no case. Where have you been? your speculating? You can hope for Stewart to crash and burn. But the facts of what happened? The ship has sailed. This is a lot about nothing, already expected. So don't get your hopes up that Stewart is further damaged. Go back to trashing Kyle Busch and Nascar. Nothing to see here.
TS FAN
08-08-2015, 04:38 PM
Note to all posters. While I am a Stewart fan, I would defend any driver in this same situation. I am interested in posting the reality of the situation for discussion. Not about liking or disliking the driver involved. This is a perfect example of what the Country has become where trial lawyers are concerned. They sue anybody any time because other than some paper work, they have no skin in the game. It is about time that they suffered financially when trying to just extract money from people that can afford it. Those that try to compare this to OJ (CIRF). Here is a tip. There was evidence against him and he went to trial. He was acquitted and I think the world knows why. This situation has nothing in common with that one. No trial, no evidence of wrong doing. No evidence of anything other than a foolish kid putting himself in harms way. Stewart did not get away with anything. The truth is, he is suffering greatly the rest of his life for nothing he did wrong.
Clayton_Wetter
08-08-2015, 04:42 PM
I am shocked the Ward family would expose there sons drug use while driving a race car for money.
The media already exposed that fact whether the family said anything or not.
Clayton_Wetter
08-08-2015, 04:44 PM
If Stewart decides to give the family some money, it will be with a stipulation that it is not made public.
I doubt that what is decided by Stewart will ever come to light. One thing is for sure. He is not going to give them some money, then stand by and let them continue to accuse him of purposely killing their kid. Take that to the bank. Stewart has a good heart and he is suffering from this which is obvious. However it is not because he was at fault of his own doing. Any decent human being would be horrified that something like this happened to them. I would be too. The family has forfeited any dignity they have left with these ridiculous continuing accusations after the fact. So they are looking to gain financially.
Hi, TS FAN-ATIC!!! :)
drano
08-08-2015, 04:44 PM
Note to all posters. While I am a Stewart fan, I would defend any driver in this same situation. I am interested in posting the reality of the situation for discussion. Not about liking or disliking the driver involved. This is a perfect example of what the Country has become where trial lawyers are concerned. They sue anybody any time because other than some paper work, they have no skin in the game. It is about time that they suffered financially when trying to just extract money from people that can afford it. Those that try to compare this to OJ (CIRF). Here is a tip. There was evidence against him and he went to trial. He was acquitted and I think the world knows why. This situation has nothing in common with that one. No trial, no evidence of wrong doing. No evidence of anything other than a foolish kid putting himself in harms way. Stewart did not get away with anything. The truth is, he is suffering greatly the rest of his life for nothing he did wrong.
Amen brother, couldn't have said it better my self.
Clayton_Wetter
08-08-2015, 05:03 PM
Hi, TS FAN-ATIC!!! :)
Your two great loyalties in life are Florence Speedway and T. Stewart. So let's just hang the jury!!! lol
kidrock
08-08-2015, 05:23 PM
CIRF, I think you might be right about the Ward family thinking that Tony got away with killing their son. I'm not so sure it's about the money for them. I think they just want him quilty of something. Now this is just my opinion and I could be completely wrong and time will tell.
And for those who say they have no case remember this is a civil case totally different then a criminal case. I guess we will have to wait and see sometime next year what eventually happens
IZZOJR16
08-08-2015, 05:38 PM
lol at the hypocrites in this thread. you would be doing the exact same thing the WARD family is doing in a New York minute, stop with all the righteous BS. I don't blame the Ward family one bit myself. if I thought my child was taken from me by means of man slaughter I would make it my life work for the other person to pay one way or another , AND SO WOULD YOU.
Cardirt0
08-08-2015, 05:52 PM
I am Sorry the Kid is Dead..... But My Mom once told me don't put your self in front of the Gun, and they will not be able to shoot at you...Getting money will NOT hurt Tony he has a lot of it,and I bet he would never Say, It was his doing...So what do they win by suing him.. Some lawyer has them believing... This is the way too go (Cause the Lawyer get about 33% plus costs) Lawyer thinks Tony will settle make a lot of cash.. Only person who wins in this is the Lawyer.....I hope Tony Fights this . if he does I hope he wins...This is the Courts at its Worst...
Cardirt0
08-08-2015, 06:00 PM
lol at the hypocrites in this thread. you would be doing the exact same thing the WARD family is doing in a New York minute, stop with all the righteous BS. I don't blame the Ward family one bit myself. if I thought my child was taken from me by means of man slaughter I would make it my life work for the other person to pay one way or another , AND SO WOULD YOU.
Sorry but some of us would do whats right.. Its better to forgive then to hate.. Think what you want I know I would have to look at my sole first.....Money is why this world is so F Up....
TS FAN
08-08-2015, 06:09 PM
[QUOTE=IZZOJR16;1945988]lol at the hypocrites in this thread. you would be doing the exact same thing the WARD family is doing in a New York minute, stop with all the righteous BS. I don't blame the Ward family one bit myself. if I thought my child was taken from me by means of man slaughter I would make it my life work for the other person to pay one way or another , AND SO WOULD YOU.[/QUOTE
This qualifies as about as ignorant as it gets. hypocrite? Speak for yourself. So would you? Speak for yourself.
TS FAN
08-08-2015, 06:15 PM
Your two great loyalties in life are Florence Speedway and T. Stewart. So let's just hang the jury!!! lol
So what say you about the quality racing Friday night?????? BTW LOL, looks like Davenport put on your boy Bloomers again
Nasty55
08-08-2015, 06:17 PM
Hypocrites? Man Slaughter? Sport, do not tell people what they would do or wouldn't do. You are over your head. This is a discussion for adults. Start your own Stewart hate thread, and in the mean time, get a clue.
TS FAN im by no means bashing stewart because i happen to like stewart but what i will go on to say is that in one way shape or form Tony will pay the ward family a generous amount of money for their loss..... I know that the ward kid was higher than a kite the night of his death and thats going to play a role in the civil trial as well as it did in the criminal procedings as well.....
ClampedUp
08-08-2015, 06:29 PM
Does anyone really think Stewart's legal team is ever going to let this deal see the light of the courtroom.
I'd be willing to bet both sides lawyers are already negotiating deals.
There is no case. Where have you been? your speculating? You can hope for Stewart to crash and burn. But the facts of what happened? The ship has sailed. This is a lot about nothing, already expected. So don't get your hopes up that Stewart is further damaged. Go back to trashing Kyle Busch and Nascar. Nothing to see here.
Dam, take it easy tony!! We don't want ya' blowin' a head gasket and strokin' out on us!!
tony, to be so sure of what you say you must have reviewed all the evidence and and have been briefed by counsel of both the plaintiff (the Ward family) and the defendant (Stewart). If that is the case I will happily digress but I'm reasonably sure that is not the case.
But remember this, whatever happens in this case there is not one single cell of skin tissue to be lost off my a$$ whether Stewart walks away unscathed or if the Ward family prevails. The quality of my existance will not be enhanced or diminished in the slightest, either way.
You, tony, on the other hand act as if Stewart would be found civilly liable the thought would cross your mind to run a hose from the exhaust into the interior of your Yugo, set in it, start it and chant "I love you Tony" until you pass out from CO poisoning!! Did it ever remotely occur to you that ya' might just take some of this stuff just a teensy-weensy bit too seriously? I mean, it is somewhat entertaining but at some point it begins get a bit strange.
Note to all posters. While I am a Stewart fan, I would defend any driver in this same situation. I am interested in posting the reality of the situation for discussion. Not about liking or disliking the driver involved. This is a perfect example of what the Country has become where trial lawyers are concerned. They sue anybody any time because other than some paper work, they have no skin in the game. It is about time that they suffered financially when trying to just extract money from people that can afford it. Those that try to compare this to OJ (CIRF). Here is a tip. There was evidence against him and he went to trial. He was acquitted and I think the world knows why. This situation has nothing in common with that one. No trial, no evidence of wrong doing. No evidence of anything other than a foolish kid putting himself in harms way. Stewart did not get away with anything. The truth is, he is suffering greatly the rest of his life for nothing he did wrong.
It doesn't matter whether Stewart was indicted and tried in criminal court or not. That has nothing to do with a civil proceeding. The Simpson comparison is totally valid, like it, accept it, or not. The biggest difference between this deal and the O.J. situation is there were 2 people dead in that case and only one in the Stewart case and that case took place in California and this will be litigated somewhere in New York state.
Your two great loyalties in life are Florence Speedway and T. Stewart. So let's just hang the jury!!! lolHang 'em high!! Clayton, you have a special way with words, sir. LOL!!
CIRF, I think you might be right about the Ward family thinking that Tony got away with killing their son. I'm not so sure it's about the money for them. I think they just want him quilty of something. Now this is just my opinion and I could be completely wrong and time will tell.
And for those who say they have no case remember this is a civil case totally different then a criminal case. I guess we will have to wait and see sometime next year what eventually happens
Kid, thanks for the voice of reason amongst the unending barrage of ill informed rancor!! It is perplexing how some of these people cannot/will not accept the fact that civil litigation is COMPLETELY DIFFERENT from criminal proceedings.
[QUOTE=IZZOJR16;1945988]lol at the hypocrites in this thread. you would be doing the exact same thing the WARD family is doing in a New York minute, stop with all the righteous BS. I don't blame the Ward family one bit myself. if I thought my child was taken from me by means of man slaughter I would make it my life work for the other person to pay one way or another , AND SO WOULD YOU.[/QUOTE
This qualifies as about as ignorant as it gets. hypocrite? Speak for yourself. So would you? Speak for yourself.
You would tony, and you know it!! Hehehehe!!
Okfine
08-08-2015, 07:02 PM
lol at the hypocrites in this thread. you would be doing the exact same thing the WARD family is doing in a New York minute, stop with all the righteous BS. I don't blame the Ward family one bit myself. if I thought my child was taken from me by means of man slaughter I would make it my life work for the other person to pay one way or another , AND SO WOULD YOU.
My son runs out out in front of a quick moving competitor , gets run slap the fuk over.
What a dumbass, should have stayed I the car........like the rest do the field.
Stay in the car, like the rest of every field, you have ever been in,your entire life....
Play stupid games, win stupid orizes......
Should have lifted, should have stayed safe inside the car.......
Spend the blood money, spend it wisely.
Sorry, luck,ran out.........
Take another New York City bong hit.......and then sue the entire Empire State.
Okfine
08-08-2015, 07:08 PM
Sorry, sucks to see someone die......especially if it's their own fault.
Okfine
08-08-2015, 07:08 PM
Sorry, sucks that someone else has to die......especially if it's their own fault.
Okfine
08-08-2015, 07:12 PM
Blaming someone else for the outcome of,your own mistake is pussified................you get what you get.
Good or bad.
Josh Bayko
08-08-2015, 07:55 PM
Not sure it's related or not, but the guy who had been leasing Canandaigua announced tonight at the drivers meeting he's stepping down effective tomorrow. If it's related to the lawsuit, the Ward family should be ashamed of themselves.
Okfine
08-08-2015, 08:10 PM
Not sure it's related or not, but the guy who had been leasing Canandaigua announced tonight at the drivers meeting he's stepping down effective tomorrow. If it's related to the lawsuit, the Ward family should be ashamed of themselves.
Yep..........shame.
TS FAN
08-08-2015, 08:53 PM
CIRF, the resident expert on blabbing on and on, and not knowing what He is talking About? I love mixing it up with you, well maybe because you are like politician. Yapping on and on without really making a point and trying to convince people you are telling the truth, and spinning out of control. LOL
You do not know the first thing about a civil lawsuit BTW. This is apparent by your continuing to compare to OJ. I will not bother explaining the difference to you AGAIN. LOL
Now get your Last Word little boy and then go back to bashing Kyle Busch and Nascar.
jeffreymo
08-08-2015, 08:57 PM
I know that the ward kid was higher than a kite the night of his death
You really have no way of knowing this unless you were there with him. That's not how marijuana tests work.
Clayton_Wetter
08-08-2015, 09:21 PM
If he was on a pot high I doubt that he could race a sprint car at the same time. Does anyone have any proof that they can?
Clayton_Wetter
08-08-2015, 09:23 PM
CIRF, the resident expert on blabbing on and on, and not knowing what He is talking About? I love mixing it up with you, well maybe because you are like politician. Yapping on and on without really making a point and trying to convince people you are telling the truth, and spinning out of control. LOL
You do not know the first thing about a civil lawsuit BTW. This is apparent by your continuing to compare to OJ. I will not bother explaining the difference to you AGAIN. LOL
Now get your Last Word little boy and then go back to bashing Kyle Busch and Nascar.
Aren't you supposed to be in the stands at the North/South right now rooting for another Jamison slam job??? :)
Josh Bayko
08-08-2015, 09:52 PM
You really have no way of knowing this unless you were there with him. That's not how marijuana tests work.
Not true. In the event of a fatality, they can measure the amount of THC metabolites in a person's system and that can narrow down the time when the last "dosage" was. In the case of Ward, it was determined that he had smoked within a few hours of his death.
Couple of things here.
1. If I actually believed tony Stewart killed my kid, all I would want from him is five minutes alone in a locked room. Not everyone in life is out for easy money. There's wrong and right, and living the good life off of my kids death would be wrong.
2. I still don't see how someone can be "responsible" for Wards death. He unbuckled, he got out of his car, he ran down the track. It's a sad situation, but the person responsible is no longer with us.
TeamGRT12x
08-09-2015, 12:29 AM
All these keyboard lawyers watching a youtube video. None of you can get out of a speeding ticket but have legal analysis of this incident. LOL
Dante Toledo, OH
08-09-2015, 09:19 AM
The Ward's are asking for a jury trial. Bad news for Smoke. He will settle quickly.Do you think a jury will miss the facts? 1. Stewart had zero reason to be upset or mad at that kid. 2. That kid got out of his car while race cars were still moving. 3. That kid went toward a moving race car on foot ( he was the aggressor) 4. Its hard to see out of the right side of a sprint car with a wing on it. 5. The kid was wearing a black drivers suit in the dark. 6. He had drugs in his system. 7. The only thing Stewart is guilty of is being in the car that some jack a$$ decided to run at and try to grab. 8. Stewart can afford really good lawyers. This is a disgrace that his family continues with this bs. This is 100% the fault of Kevin Ward. Stay in your car = still alive.
Josh Bayko
08-09-2015, 09:24 AM
Also, a lot of people keep mentioning Tony Stewart's past antics. Kevin Ward had been warned by the sanction about getting out of his car on the track a month prior to the incident. How come nobody ever brings that up?
formercrewguy
08-09-2015, 09:26 AM
If the Wards want to save face, they will donate the proceeds of the upcoming settlement to charity.
kidrock
08-09-2015, 09:38 AM
I think what CIRF is trying to say is a civil suit is not the same as a criminal case and a civil suit they do not have to prove beyond a reasonable doubt. They only need to prove he is liable which is much easier.
And with Tony past history I can see a jury reaching a guilty verdict but, I can also see with Kevin's testing positive for drugs and leaving his race car when told not too a jury reaching a not guilty verdict. This could go either way in my opinion
formercrewguy
08-09-2015, 09:42 AM
The scumbag ambulance chaser lawyers will be the only winners here..
Okfine
08-09-2015, 11:19 AM
Also, a lot of people keep mentioning Tony Stewart's past antics. Kevin Ward had been warned by the sanction about getting out of his car on the track a month prior to the incident. How come nobody ever brings that up?
Denial josh........just plain old denial is why.
Clayton_Wetter
08-09-2015, 02:50 PM
Hopefully despite strong bias from a faithful fan base and being a famous national driver will not be an influence in the court's decision. But I doubt it. There is more than one "WRONG" in this incident. There is more to it than trying to pin drug usage and getting out of the car at a bad time as being the total fault in this tragic incident. One driver felt that he got pinched off in the turn, whether it was just racing or not, they were angered. Gunning the race car when nearing the driver must not be overlooked. Many drivers have gotten out of their cars at a time of anger or emergency.
Trying to pin ALL the blame on the deceased driver is not a fair conclusion.
A large settlement out of court is the most likely decision and if so then all we can hope for is that this was the best justice. But there is only one person who knows the most about this tragedy and if it was just that, then may the conscience be cleared so that person can get past this.
Hopefully despite strong bias from a faithful fan base and being a famous national driver will not be an influence in the court's decision. But I doubt it. There is more than one "WRONG" in this incident. There is more to it than trying to pin drug usage and getting out of the car at a bad time as being the total fault in this tragic incident. One driver felt that he got pinched off in the turn, whether it was just racing or not, they were angered. Gunning the race car when nearing the driver must not be overlooked. Many drivers have gotten out of their cars at a time of anger or emergency.
Trying to pin ALL the blame on the deceased driver is not a fair conclusion.
A large settlement out of court is the most likely decision and if so then all we can hope for is that this was the best justice. But there is only one person who knows the most about this tragedy and if it was just that, then may the conscience be cleared so that person can get past this.
Simple question if he stays in the car, is he still alive today?
I'll do you one better, if he just pulls a Stapleton and goes halfway and throws something, he still alive today?
It's a cash grab.......
Okfine
08-09-2015, 03:38 PM
Hopefully despite strong bias from a faithful fan base and being a famous national driver will not be an influence in the court's decision. But I doubt it. There is more than one "WRONG" in this incident. There is more to it than trying to pin drug usage and getting out of the car at a bad time as being the total fault in this tragic incident. One driver felt that he got pinched off in the turn, whether it was just racing or not, they were angered. Gunning the race car when nearing the driver must not be overlooked. Many drivers have gotten out of their cars at a time of anger or emergency.
Trying to pin ALL the blame on the deceased driver is not a fair conclusion.
A large settlement out of court is the most likely decision and if so then all we can hope for is that this was the best justice. But there is only one person who knows the most about this tragedy and if it was just that, then may the conscience be cleared so that person can get past this.
I really don't subscribe to the getting justice in this...........rarely if ever is justice a remedy for stupiity and anger.
Racing is dangerous........especially if your out there racing on foot and running towards moving race cars.
I have sympathy for the loss of a child, I have zero sympathy for the loss of morals.
Blood money...........shameful.
Josh Bayko
08-09-2015, 03:40 PM
Denial josh........just plain all denial is why.
The reality of his whole deal is the people with the strongest opinions are basing their entire argument on a crappy YouTube video shot from across the track with a retard saying "Tony Stewart hit that guy".
The kid that shot that video and ran home to post it on YouTube is no longer welcome at the race tracks around that way, for good reason.
Okfine
08-09-2015, 03:42 PM
Do you think a jury will miss the facts? 1. Stewart had zero reason to be upset or mad at that kid. 2. That kid got out of his car while race cars were still moving. 3. That kid went toward a moving race car on foot ( he was the aggressor) 4. Its hard to see out of the right side of a sprint car with a wing on it. 5. The kid was wearing a black drivers suit in the dark. 6. He had drugs in his system. 7. The only thing Stewart is guilty of is being in the car that some jack a$$ decided to run at and try to grab. 8. Stewart can afford really good lawyers. This is a disgrace that his family continues with this bs. This is 100% the fault of Kevin Ward. Stay in your car = still alive.
Any good attorney will tell you that a jury is somewhat of a crapshoot based on the emotion aspect.....
Very easy to paint the " mean ole angry RICH nascar guy ran over my completely innocent son" picture to a jury.
Okfine
08-09-2015, 03:45 PM
The reality of his whole deal is the people with the strongest opinions are basing their entire argument on a crappy YouTube video shot from across the track with a retard saying "Tony Stewart hit that guy".
The kid that shot that video and ran home to post it on YouTube is no longer welcome at the race tracks around that way, for good reason.
Well that kind of sucks.......people post you tube videos of unflattering racetrack incidents all the time.
What is the good reason other than to passively censor what gets posted???? Kinda crappy, but don't know the circumstances of the guys bannishment.
Clayton_Wetter
08-09-2015, 04:22 PM
Simple question if he stays in the car, is he still alive today?
I'll do you one better, if he just pulls a Stapleton and goes halfway and throws something, he still alive today?
It's a cash grab.......
And I'll go you one better and repeat. Many drivers have gotten out of their cars for whatever reasons. That includes Tony, right? And can you take a guess at how many times? And how many helmets and steering wheels have been thrown also?
It's just a cash grab? Would you honestly say that, if you could be morally held responsible for saying it?
Josh Bayko
08-09-2015, 04:59 PM
Well that kind of sucks.......people post you tube videos of unflattering racetrack incidents all the time.
What is the good reason other than to passively censor what gets posted???? Kinda crappy, but don't know the circumstances of the guys bannishment.
99.99% of those videos don't raise the national sh*tstorm that this particular video did. The area had an awful lot of unwanted attention because of him. And it's not an official ban, per se, it's a situation where he made some people very angry, from both sides.
Dante Toledo, OH
08-09-2015, 05:27 PM
Any good attorney will tell you that a jury is somewhat of a crapshoot based on the emotion aspect.....Very easy to paint the " mean ole angry RICH nascar guy ran over my completely innocent son" picture to a jury.I do understand what you're saying, but Stewart will have Lawyers too. I also don't believe Tony throwing a fit at Bristol or throwing a helmet at Richmond or yelling at a reporter at Daytona has a single effin thing to do with the death of Kevin Ward. And whether it's a driver with 50 million in the bank or a driver that got his cable shut off to pay a tire bill. Also nothing to do with the facts of the case. Every reason that kid is dead is the fault of the dead kid period.
And I'll go you one better and repeat. Many drivers have gotten out of their cars for whatever reasons. That includes Tony, right? And can you take a guess at how many times? And how many helmets and steering wheels have been thrown also?
It's just a cash grab? Would you honestly say that, if you could be morally held responsible for saying it?
Many people abuse drugs, or street race cars, sometimes with tragic consequences. When you make terrible decisions there's consequences. The others were just as dumb as Ward, they just lived to tell about it.
I have no problem standing behind that opinion morally or otherwise.
Clayton_Wetter
08-09-2015, 06:05 PM
How do you call someone dumb, that you have never even met? If dumb is getting out of a race car then you are talking about many people?
Okfine
08-09-2015, 06:32 PM
I do understand what you're saying, but Stewart will have Lawyers too. I also don't believe Tony throwing a fit at Bristol or throwing a helmet at Richmond or yelling at a reporter at Daytona has a single effin thing to do with the death of Kevin Ward. And whether it's a driver with 50 million in the bank or a driver that got his cable shut off to pay a tire bill. Also nothing to do with the facts of the case. Every reason that kid is dead is the fault of the dead kid period.
True on all counts..........jury's normally don't have a lot of love for rich guys in a money grabbing case though.......he can afford it, will never miss it and they feel sorry for the family for their sons stupid mistake.
Okfine
08-09-2015, 06:33 PM
How do you call someone dumb, that you have never even met? If dumb is getting out of a race car then you are talking about many people?
And in every case...............it's dumb.
How do you call someone dumb, that you have never even met? If dumb is getting out of a race car then you are talking about many people?
Getting out of a race car and charging a moving car is dumb. The act is dumb, not the person. I've got good friends that have done it, it was dumb then to. You're not going to win a battle with a moving vehicle.
jog49
08-09-2015, 06:46 PM
The kid was a Darwin Awards winner or one who Ron White describes in his quip, "you can't fix stupid". The family wants their pound of flesh and they are only left to pursue a ridiculous civil suit but regardless of how one views their actions, it's just a form of extortion to get money out of a wealthy individual. If anyone's listening, I volunteer for the jury and don't any of you critics forget that the wing on Stewart's car was grabbed by Ward, pulled down, and then rebounded when he was knocked aside. Study the video and you can see the action of the wing.
wsmith
08-09-2015, 07:13 PM
One thing that everyone might consider, and I have not seen it brought up is that Stewart would more than likely have little say on a settlement. I would be positive that he carries some form of liability insurance while he is racing at all these little tracks. The insurance lawyers will have more to say about the outcome than anyone. My wife does a lot of civil litigation and insurance work. When we got married I had been racing for some time, the first thing she did was set everything we did as an LLC and then we bought insurance liability coverage for everything we did from hauling cars to on track incidents. And we sure don't have as much to loose as some full time professional racer. I am sure Cary Agajanian, a highly respected lawyer and the owner of Stewart's management group has things well structured to protect Mr. Stewart's assets.
Clayton_Wetter
08-09-2015, 07:30 PM
Getting out of a race car and charging a moving car is dumb. The act is dumb, not the person. I've got good friends that have done it, it was dumb then to. You're not going to win a battle with a moving vehicle.
But you don't know if the car moved closer from a gunning at the last second or not either?
And that Revving was not exactly wise either.
And NOT to be over looked!
Okfine
08-09-2015, 07:46 PM
But you don't know if the car moved closer from a gunning at the last second or not either?
And that Revving was not exactly wise either.
And NOT to be over looked!
It's already been said and vetted that the revving car wasn't Stewarts...........
It's already been said and vetted that the revving car wasn't Stewarts...........
Doesn't fit his agenda, choosing to ignore it I guess. If the car in front of Stewart had hit him (nearly did) you feel the same way Clayton ? He had nothing to do with any of it.
One thing that everyone might consider, and I have not seen it brought up is that Stewart would more than likely have little say on a settlement. I would be positive that he carries some form of liability insurance while he is racing at all these little tracks. The insurance lawyers will have more to say about the outcome than anyone. My wife does a lot of civil litigation and insurance work. When we got married I had been racing for some time, the first thing she did was set everything we did as an LLC and then we bought insurance liability coverage for everything we did from hauling cars to on track incidents. And we sure don't have as much to loose as some full time professional racer. I am sure Cary Agajanian, a highly respected lawyer and the owner of Stewart's management group has things well structured to protect Mr. Stewart's assets.
You're absolutely correct, wsmith. Stewart undoubtedly has his assets locked down and protected. He's getting expert legal counsel and it may be very difficult for the Ward family to get anything even if they prevail in the civil proceedings. I remember O.J. Simpson took legal residence in the state of Florida because their laws were such that the Goldman family couldn't get the awarded damages even though the California court had judged in their favor. However, the money wasn't what the Goldman family was most concerned with, they mainly wanted it to be public record that Simpson was found guilty to some capacity in a court of law. This may be what the Ward family is most interested in, none of us here have any idea what their motivation is. We can all say they're just money grubbing opportunists but unless one can look into their hearts and souls it is impossible to determine, even by all of us long distance analysts here.
I do understand what you're saying, but Stewart will have Lawyers too. I also don't believe Tony throwing a fit at Bristol or throwing a helmet at Richmond or yelling at a reporter at Daytona has a single effin thing to do with the death of Kevin Ward. And whether it's a driver with 50 million in the bank or a driver that got his cable shut off to pay a tire bill. Also nothing to do with the facts of the case. Every reason that kid is dead is the fault of the dead kid period.
Dante, you're correct, the past irrational behavior of Stewart has nothing to do with the death of Kevin Ward Jr. What it does is establish a pattern of behavior that is much more conducive to possible fault or intent that the counsel for the Ward family will exploit to their benefit. It's similar in theory to a known prostitute claiming sexual assault or rape. The counsel for the alleged rapist will use the history and past behavior of the victim to put doubt into the minds of the jury because of the pattern of behavior and lifestyle of the victim. It's the same theory in this instance. Stewart has a history and a pattern of irrational and sometimes out of control behavior. No one was responsible for all that history except Mr. Stewart and it can and will be used against him in this case.
t.nie
08-10-2015, 01:18 PM
OJ was found not guilty in the death of his ex and her boyfriend in a criminal trial and lost the wrongful death suit. So it aint like it never happens. And much of what hung OJ was his past track record of aggressive, violent, volatile behavior.
Doesn't matter what anyone "believes" the cause of the kid's death was on here or in the stands or in the racing media. All that matters is what a jury can be persuaded to believe. Quite frankly, I think the most experienced driver on the track hit the guy and killed him and that, regardless of whether or not it was criminal, is going to be pretty hard for Stewart to negate.
Everyone else missed him, why didn't you? It was dark? You've been driving race cars on dimly lit tracks all over the country for 25 years, that's no excuse. It was dark and you didn't see him? Really? You can race at full speed under that lighting, throwing it into corners, dodging flying parts, missing cones, tires, safety workers for years but you couldn't see him in time that night? You see a car stopped on the high side of the track and don't think for a second there could be a person somewhere near it, on the track, that you should be watching out for? Really? THAT is the level of caution you exhibit under "caution?" Hmmmm.....
It's like hitting the kid in the crosswalk in front of the school when you sneeze at the wrong moment. Sure, it's an accident and you weren't necessarily negligent, but under the circumstances it's going to be real hard to not be saddled with some responsibility for a dead kid, as unfair or horrible as that is.-
Tony is best off paying these folks a settlement, closing this chapter of his life and moving on. My personal opinion is it is exactly what Stewart says it was, a pure accident, nothing more, nothing less. But his best option is just getting this closed and moving on as quickly as possible. Fighting the family of the dead son, killed by a guy with a history of violent, impulsive behavior is NOT going to be good for the image of Tony Stewart and more importantly, his sponsors. Sponsors aren't going to be wanting to see their money spent on lawyers and fighting this thing, there's no upside for them being in the fight with Stewart on this one. Nothing to gain at all.
Look for an out of court settlement for an undisclosed amount and gag orders all around. Stewart is just going to want this sealed up and gone as quickly as possible and I can see him paying it personally regardless of insurance, protected assets, etc. I just can't see him risking the rest of his career, his business, his employees, his everything to fight this. The loss is potentially too great in the long term.
He'll pay just to protect his own future. The sooner this goes away, with the least amount of coverage, the better for Tony Stewart.
Cardirt0
08-10-2015, 01:27 PM
OJ was found not guilty in the death of his ex and her boyfriend in a criminal trial and lost the wrongful death suit. So it aint like it never happens. And much of what hung OJ was his past track record of aggressive, violent, volatile behavior.
Doesn't matter what anyone "believes" the cause of the kid's death was on here or in the stands or in the racing media. All that matters is what a jury can be persuaded to believe. Quite frankly, I think the most experienced driver on the track hit the guy and killed him and that, regardless of whether or not it was criminal, is going to be pretty hard for Stewart to negate.
Everyone else missed him, why didn't you? It was dark? You've been driving race cars on dimly lit tracks all over the country for 25 years, that's no excuse. It was dark and you didn't see him? Really? You can race at full speed under that lighting, throwing it into corners, dodging flying parts, missing cones, tires, safety workers for years but you couldn't see him in time that night? Hmmmm.....
Tony is best off paying these folks a settlement, closing this chapter of his life and moving on. My personal opinion is it is exactly what Stewart says it was, a pure accident, nothing more, nothing less. But his best option is just getting this closed and moving on as quickly as possible. Fighting the family of the dead son, killed by a guy with a history of violent, impulsive behavior is NOT going to be good for the image of Tony Stewart and more importantly, his sponsors. Sponsors aren't going to be wanting to see their money spent on lawyers and fighting this thing, there's no upside for them being in the fight with Stewart on this one. Nothing to gain at all.
Look for an out of court settlement for an undisclosed amount and gag orders all around. Stewart is just going to want this sealed up and gone as quickly as possible.
... BUT Ever one Knows OJ did it and Lawyers used the law too get him off.....
TS FAN
08-10-2015, 01:54 PM
For the people that are commenting and clueless. OJ was charged with murder and got off. Stewart was never charged with a single thing. NOT ONE THING> Ok so some of you hate Stewart but for the love of money get a clue. Some of you can hope all day long that this will further destroy Stewart. I feel sorry for you. It is one thing to hate a driver, it is another to hope he is destroyed.
Okfine
08-10-2015, 01:55 PM
... BUT Ever one Knows OJ did it and Lawyers used the law too get him off.....
Everyone but the jury.........
TS FAN
08-10-2015, 01:56 PM
But you don't know if the car moved closer from a gunning at the last second or not either?
And that Revving was not exactly wise either.
And NOT to be over looked!
I know you do not like Stewart. Fine. But I thought you were better than what you have been posting. Shame on you
00Hdmn
08-10-2015, 02:07 PM
OJ was found not guilty in the death of his ex and her boyfriend in a criminal trial and lost the wrongful death suit. So it aint like it never happens. And much of what hung OJ was his past track record of aggressive, violent, volatile behavior.
Doesn't matter what anyone "believes" the cause of the kid's death was on here or in the stands or in the racing media. All that matters is what a jury can be persuaded to believe. Quite frankly, I think the most experienced driver on the track hit the guy and killed him and that, regardless of whether or not it was criminal, is going to be pretty hard for Stewart to negate.
Everyone else missed him, why didn't you? It was dark? You've been driving race cars on dimly lit tracks all over the country for 25 years, that's no excuse. It was dark and you didn't see him? Really? You can race at full speed under that lighting, throwing it into corners, dodging flying parts, missing cones, tires, safety workers for years but you couldn't see him in time that night? You see a car stopped on the high side of the track and don't think for a second there could be a person somewhere near it, on the track, that you should be watching out for? Really? THAT is the level of caution you exhibit under "caution?" Hmmmm.....
It's like hitting the kid in the crosswalk in front of the school when you sneeze at the wrong moment. Sure, it's an accident and you weren't necessarily negligent, but under the circumstances it's going to be real hard to not be saddled with some responsibility for a dead kid, as unfair or horrible as that is.-
Tony is best off paying these folks a settlement, closing this chapter of his life and moving on. My personal opinion is it is exactly what Stewart says it was, a pure accident, nothing more, nothing less. But his best option is just getting this closed and moving on as quickly as possible. Fighting the family of the dead son, killed by a guy with a history of violent, impulsive behavior is NOT going to be good for the image of Tony Stewart and more importantly, his sponsors. Sponsors aren't going to be wanting to see their money spent on lawyers and fighting this thing, there's no upside for them being in the fight with Stewart on this one. Nothing to gain at all.
Look for an out of court settlement for an undisclosed amount and gag orders all around. Stewart is just going to want this sealed up and gone as quickly as possible and I can see him paying it personally regardless of insurance, protected assets, etc. I just can't see him risking the rest of his career, his business, his employees, his everything to fight this. The loss is potentially too great in the long term.
He'll pay just to protect his own future. The sooner this goes away, with the least amount of coverage, the better for Tony Stewart.
This Kid ran down the track at a moving car, no ones fault but his own.
It is a shame that these people could have money fix their problems and the death of their child.
TS FAN
08-10-2015, 02:12 PM
One last thing. Maybe to the chagrin of some on here. Stewart's lawyers will have this ambulance chasing Attorney for lunch. So any hope of further damage to Stewart will not be happening. Stewart's sponsors and everyone that matters is in support of Stewart. Nothing to see here. If Tony decides to give them some money, none of us will ever know.
Clayton_Wetter
08-10-2015, 03:56 PM
http://25.media.tumblr.com/tumblr_m760xxHXYx1qm6sfao1_r1_500.gif
Clayton_Wetter
08-10-2015, 04:12 PM
It's already been said and vetted that the revving car wasn't Stewarts...........
Who's was it then? Bring us this public knowledge.
No sir, it has not been vetted at all.
Okfine
08-10-2015, 04:24 PM
Who's was it then? Bring us this public knowledge.
No sir, it has not been vetted at all.
See above post #125
And yes, it has........the first time by a grand jury.
Okfine
08-10-2015, 04:26 PM
One last thing. Maybe to the chagrin of some on here. Stewart's lawyers will have this ambulance chasing Attorney for lunch. So any hope of further damage to Stewart will not be happening. Stewart's sponsors and everyone that matters is in support of Stewart. Nothing to see here. If Tony decides to give them some money, none of us will ever know.
As it should be........
Clayton_Wetter
08-10-2015, 04:43 PM
I know you do not like Stewart. Fine. But I thought you were better than what you have been posting. Shame on you
https://uknowispeaksense.files.wordpress.com/2014/04/smoking.jpg
Dang it! Got a light TS???
jog49
08-10-2015, 05:07 PM
I pay very little attention to posters on 4M; never have, never will. I do recall someone in the past referring to Clayton Wetter as the 4M Resident Dumba$$. That person may have been on to something!
NY DIRT
08-10-2015, 06:34 PM
OJ was found not guilty in the death of his ex and her boyfriend in a criminal trial and lost the wrongful death suit. So it aint like it never happens. And much of what hung OJ was his past track record of aggressive, violent, volatile behavior.
Doesn't matter what anyone "believes" the cause of the kid's death was on here or in the stands or in the racing media. All that matters is what a jury can be persuaded to believe. Quite frankly, I think the most experienced driver on the track hit the guy and killed him and that, regardless of whether or not it was criminal, is going to be pretty hard for Stewart to negate.
Everyone else missed him, why didn't you? It was dark? You've been driving race cars on dimly lit tracks all over the country for 25 years, that's no excuse. It was dark and you didn't see him? Really? You can race at full speed under that lighting, throwing it into corners, dodging flying parts, missing cones, tires, safety workers for years but you couldn't see him in time that night? You see a car stopped on the high side of the track and don't think for a second there could be a person somewhere near it, on the track, that you should be watching out for? Really? THAT is the level of caution you exhibit under "caution?" Hmmmm.....
It's like hitting the kid in the crosswalk in front of the school when you sneeze at the wrong moment. Sure, it's an accident and you weren't necessarily negligent, but under the circumstances it's going to be real hard to not be saddled with some responsibility for a dead kid, as unfair or horrible as that is.-
Tony is best off paying these folks a settlement, closing this chapter of his life and moving on. My personal opinion is it is exactly what Stewart says it was, a pure accident, nothing more, nothing less. But his best option is just getting this closed and moving on as quickly as possible. Fighting the family of the dead son, killed by a guy with a history of violent, impulsive behavior is NOT going to be good for the image of Tony Stewart and more importantly, his sponsors. Sponsors aren't going to be wanting to see their money spent on lawyers and fighting this thing, there's no upside for them being in the fight with Stewart on this one. Nothing to gain at all.
Look for an out of court settlement for an undisclosed amount and gag orders all around. Stewart is just going to want this sealed up and gone as quickly as possible and I can see him paying it personally regardless of insurance, protected assets, etc. I just can't see him risking the rest of his career, his business, his employees, his everything to fight this. The loss is potentially too great in the long term.
He'll pay just to protect his own future. The sooner this goes away, with the least amount of coverage, the better for Tony Stewart.
You say everybody missed him, why didn,t you. The answer to that is simple. He wasn,t walking towards any ones elses car, He only walked toward Stewarts car...
HoosierDirtFan
08-11-2015, 05:45 PM
He is an article is just came across on Facebook that has some pretty good insight on the Tony Stewart & Kevin Ward Jr. accident.
LINK BELOW.
https://musingmaryann.wordpress.com/2015/08/11/tony-stewart-where-there-is-smoke-theres-fire-and-kevin-ward-sr/
Clayton_Wetter
08-11-2015, 06:04 PM
I pay very little attention to posters on 4M; never have, never will. I do recall someone in the past referring to Clayton Wetter as the 4M Resident Dumba$$. That person may have been on to something!
Ouch!!! Now you're making that up. Sorry, i must have hit a nerve. Feel better now?:)
glover11
08-11-2015, 06:24 PM
Just think if more racers hammmered the gas more often when some is out of there car walking towards them to show there displeasure with them, how many more people would be dead. Bet stewert wishes he would of slammed on the brakes instead gassing an 800 hp engine with huge tires, might of been a totally different out come......
25drtrkr
08-11-2015, 07:52 PM
He is an article is just came across on Facebook that has some pretty good insight on the Tony Stewart & Kevin Ward Jr. accident.
LINK BELOW.
https://musingmaryann.wordpress.com/2015/08/11/tony-stewart-where-there-is-smoke-theres-fire-and-kevin-ward-sr/
Very good article......Makes you wonder, what the Ward family will say when some of their own or Jrs friends have to confess they smoked pot with him before the race. I would think, that would make them partially liable also!
Clayton_Wetter
08-11-2015, 09:23 PM
Lol, he may not be reading many posts but it is clear he payed close attention to what Litey had to say!! Don't say much for him however tho do it there big guy??? :D
Yepper, where is that RED button when you really need it???? :)
Clayton_Wetter
08-11-2015, 09:25 PM
Just think if more racers hammmered the gas more often when some is out of there car walking towards them to show there displeasure with them, how many more people would be dead. Bet stewert wishes he would of slammed on the brakes instead gassing an 800 hp engine with huge tires, might of been a totally different out come......
Careful, some people are claiming that he didn't hammer the gas. I can't figure out how they can get out of that one though.
Okfine
08-11-2015, 11:22 PM
Just think if more racers hammmered the gas more often when some is out of there car walking towards them to show there displeasure with them, how many more people would be dead. Bet stewert wishes he would of slammed on the brakes instead gassing an 800 hp engine with huge tires, might of been a totally different out come......
And if it would have happened exactly as you described, Tony would still be sitting in jail for murder.............but it didn't.
Sorry
And the jury verdict will show just that.................small insignificant wager?
t.nie
08-12-2015, 07:51 AM
If you read my post earlier, I am of the opinion that it was what Stewart says it was, an accident, plain and simple. One with tragic consequences, and the deceased is certainly not without some responsibility for his own actions that led to his demise, but an accident for both him and Stewart, none the less.
Not disagreeing with anyone on that. Getting mad and trying to make your point while cars are still moving on the track is, well.... playing in traffic.
However, and here is how I think it could play out IF it ever gets to a jury to hear both sides is Stewart saying it was dark, I didn't see him, limited vision in the car, he ran at me, etc...
It was dark?--you do this all the time, it was not too dark to drive 80 mph and race, but you couldn't see the guy or his car and assume there could be someone out of the car on the track as you approached?
He came running right at my car-- what, so not only did you not see him or see his car but now you are trying to tell us you missed a guy TRYING to get your attention?
Then add into the mix the footage of Stewart being Smoke, running his mouth at officials, throwing his helmet, fighting, his stints in anger management, an entire career built on being an aggressive, hard nosed racer, etc with a history of volatile behavior.
Then pile on his years of experience, being the most experienced guy on the track, etc...
Like I said, and I will say it again, it was an accident. But when you start piling up all the stuff that could, and probably would, be used to paint this really ugly picture of Stewart based on all the stuff he has in his past, plus the circumstances of the kid running right at him and him not missing him, it would seem to me that taking the risk of a non-racing jury seeing this from Stewarts perspective or a weeping mom and grieving dad's perspective, I don't think Stewart is going to risk his entire life's work on that jury being totally objective and seeing this as an accident.
I see Stewarts lawyers reaching out to the Ward family lawyer and asking, in the nicest possible way, "Their son is gone, money isn't going to bring him back. Tony is forever going to carry this with him and has to wake up every day and go to sleep every night thinking, and wishing he could go back to that day and do something, anything different so this never happened. He would give anything to change that. But this being the case and this being what it is, the outcome of a civil suit in front of a jury is a cash award. So instead of taking this to a jury to get them what they seek, why don't you just tell us how much the Ward family would consider justice for their son and let us see if we can work this out without dragging their son and some of the other facts of this case through mud? At this point, no one has anything to gain from this going to a jury. How much would the Ward family need to feel they were adequately compensated for their loss?"
And then its just numbers.
Josh Bayko
08-12-2015, 08:09 AM
Careful, some people are claiming that he didn't hammer the gas. I can't figure out they can get out of that one though.
Because he didn't hammer the gas. That's why they didn't file charges. If he had, Tony would be sitting in Attica.
I said it before and I'll say it again. If you base your opinion off of some sh*tty YouTube video, your opinion is completely invalid.
glover11
08-12-2015, 08:36 PM
And if it would have happened exactly as you described, Tony would still be sitting in jail for murder.............but it didn't. Sorry And the jury verdict will show just that.................small insignificant wager? you ever heard of OJ SIMPSON ? you dont think being a high profile sport figure had anything to do with it fame and money? like i said, it would of been a totally different out come if he would of maybe thought about using the brake pedal instead of the gas, just to show how big of a baddazz he thinks he is.. INTIMIDATION = manslaughter .
Okfine
08-12-2015, 08:57 PM
you ever heard of OJ SIMPSON ? you dont think being a high profile sport figure had anything to do with it fame and money? like i said, it would of been a totally different out come if he would of maybe thought about using the brake pedal instead of the gas, just to show how big of a baddazz he thinks he is.. INTIMIDATION = manslaughter .
Ok fine..............get back to us when it's done.
Pops15
08-12-2015, 10:53 PM
That was an interesting article. Some of the replies to it were informative as well.
Apparently Ward's parents are claiming in the suit that Ward Jr. contributed significantly to their income. It wasn't stated whether that income came from their racing operation or their roofing business. Ward's girlfriend has given birth to a baby boy that she gave Ward's last name. There was no mention of seeking support for the child in the law suit. There was speculation that the girl being below the age of consent was a factor but I don't see how that would have any bearing on a wrongful death suit.
Someone claiming to be an eye witness says Ward grabbed Stewart's wing because he lost his footing. That was something I hadn't heard before.
Shortly after Ward's death I read that at least one other driver said he didn't see Ward until the last second.
There was reportedly no contact between Stewart and Ward so there was no reason for Stewart to be angry so the argument that Stewart was trying to brush Ward back doesn't hold water. As far as I'm concerned Stewart's past temperment problems have no impact on this case because he had no reasn to be angry with Ward Jr.
The engine revving heard in the video is not Stewart's. That's another reason to toss out the brush back argument.
The THC level in Wards system was high enough to impair judgement.
Unless Stewart wants to pay to make this go away quickly and quietly I don't see the Wards getting a penny.
glover11
08-13-2015, 08:14 PM
That was an interesting article. Some of the replies to it were informative as well. Apparently Ward's parents are claiming in the suit that Ward Jr. contributed significantly to their income. It wasn't stated whether that income came from their racing operation or their roofing business. Ward's girlfriend has given birth to a baby boy that she gave Ward's last name. There was no mention of seeking support for the child in the law suit. There was speculation that the girl being below the age of consent was a factor but I don't see how that would have any bearing on a wrongful death suit. Someone claiming to be an eye witness says Ward grabbed Stewart's wing because he lost his footing. That was something I hadn't heard before. Shortly after Ward's death I read that at least one other driver said he didn't see Ward until the last second. There was reportedly no contact between Stewart and Ward so there was no reason for Stewart to be angry so the argument that Stewart was trying to brush Ward back doesn't hold water. As far as I'm concerned Stewart's past temperment problems have no impact on this case because he had no reasn to be angry with Ward Jr. The engine revving heard in the video is not Stewart's. That's another reason to toss out the brush back argument. The THC level in Wards system was high enough to impair judgement. Unless Stewart wants to pay to make this go away quickly and quietly I don't see the Wards getting a penny. WOW! do me a favor and never run for PRESIDENT ..........
racer67x
08-13-2015, 08:56 PM
WOW! do me a favor and never run for PRESIDENT ..........
because he makes sense?
you must be a Hillary supporter..
drano
08-14-2015, 12:40 PM
ESPN had a special and a law professor from Syracuse said the Ward family had little to no chance of winning even said the way he saw it if it went to a jury he seen the ward family losing all together said they were suing for future winnings the young Ward could have won there is no way to tell if he would have been successful he had only won 4 races in 5 years.
t.nie
08-14-2015, 05:03 PM
The suit mentions nothing about future winnings that I've read. It does however go on to say that the deceased was earning a living in the family businesses and in the future was expected to take over the family businesses. From what I have been able to gather, the only cash amount that can be awarded is the lost potential earnings from work, not what he might or might not have made racing cars.
FROM ESPN ARTICLE:
"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."
In fact, the suit actually says nothing about money, no dollar amount is mentioned in it. It basically just accuses Stewart of negligence and causing the wrongful death of Ward. I guess when it comes to damages, the jury first has to be convinced Stewart was at fault and then decide what the appropriate "punishment" is, probably a payoff. Or maybe 10 years of community service. Or nothing at all.
Like I have already said, if I am him, I wouldn't want this to go to a non-racing jury. If it goes before a lot of folks who know racing, know the sport, know the risks, etc, fine. But that is not guaranteed. In court this thing is Smoke and his history/reputation versus a weeping mother and grieving father who lost their son. In front of a jury not necessarily racing fans or Stewart fans.
I'd say settle it out of court if you can afford to and its a reasonable settlement. If not, you are going to be taking your chances, and I don't like the odds of getting a favorable jury.
You can find all 14 pages of the suit here. It makes an interesting read and highlights some things not previously widely known, like 13 other cars drove past and 6 other before Stewart claim they saw him and avoided him. It also claims Stewart basically spun the tires and kicked the RR out at Ward, striking him, which I don't buy. However, this is the stuff that juries will hear and have to take into consideration, along with Smoke's history. I don't know, to me it just seems like going to court is an unnecessary risk if you can settle it out of court.
http://www.usatoday.com/story/sports/nascar/2015/08/07/tony-stewart-kevin-ward-jr-wrongful-death-civil-lawsuit/31303007/
drano
08-14-2015, 05:15 PM
I haven't read the suit itself and I am not sure anyone has but that is just what was discussed on ESPN you can take it for what its worth, in due time I guess we will all know the outcome until then we are all just speculating.
drano
08-14-2015, 05:26 PM
The DA has said the toxicology report had findings that Ward had smoked pot recently enough to have impaired judgment. I think if Tony would want to settle this thing quickly he would have done so already before it went this far.
Bumpandrun
08-15-2015, 10:05 AM
The Ward family needs to rethink their position in this situation. Stewart may have a temper, but this all about a driver who had drugs in his system, and chased a race car in a fit of rage. It's time for people to accept that their children do make mistakes, and need to accept their responsibility for their actions.
Cardirt0
08-15-2015, 10:24 AM
If I was rich and this happened to me and I though I did nothing wrong... I spend more then they would get to not pay them.. Why pay If you did nothing wrong......I would counter Sue for lawyer costs and there boy putting me in danger for being Stoned in a car that he could have killed me Cause he was.....
golddirt
08-15-2015, 11:17 AM
Hell yes!!! Wanna sue? Tony needs to for all the crap he has gone thru on this. Unfortunately it doesn't sound like the wards are very good people. More like leeches
Nasty55
08-15-2015, 12:21 PM
There has been enough suffering on both parties already but ultimately the Ward family should never see a dimes worth of money due to the negligence of their sons drug abuse and usage while racing! Anyone who uses drugs regardless of whether it be THC or meth should never be allowed to collect for their stupidity..... Just my honest thoughts and opinions...
formercrewguy
08-15-2015, 04:09 PM
Smoke should offer the Wards VIP seating for life at Eldora, and say thats all you get.
mll8pt
08-15-2015, 05:35 PM
Smoke should offer the Wards VIP seating for life at Eldora, and say thats all you get.
we don't need people like the Wards at Eldora.
A venue change has been made in the Kevin Ward Jr. Family vs. stewart wrongful death lawsuit. Not sure what ramifications this will have on the proceedings as they move forward and this article doesn't expand on that aspect of the suit.
Here's the link to the article:
http://www.foxsports.com/nascar/story/tony-stewart-kevin-ward-jr-family-lawsuit-moved-federal-court-new-york-082515
Cardirt0
08-27-2015, 12:54 PM
A venue change has been made in the Kevin Ward Jr. Family vs. stewart wrongful death lawsuit. Not sure what ramifications this will have on the proceedings as they move forward and this article doesn't expand on that aspect of the suit.
Here's the link to the article:
http://www.foxsports.com/nascar/story/tony-stewart-kevin-ward-jr-family-lawsuit-moved-federal-court-new-york-082515
Looks like Tony plans to fight this hard, and His people have made the first big move. I see a good change this gets tossed by the court....Getting it out of the small court to the federal court is good for tony...
SLIDING SIDEWAYS
08-27-2015, 02:17 PM
Remember pot can stay in your system for aprox. 2 wks. With that being said ward could not have been stoned for 2 wks. Yes its in your system but not the effects from it.
Okfine
08-27-2015, 03:16 PM
Remember pot can stay in your system for aprox. 2 wks. With that being said ward could not have been stoned for 2 wks. Yes its in your system but not the effects from it.
It's already been discussed........you can very easily detect impairment (as in when the last time he used it) and all of those tests have come back showing he had smoked within hrs of the accident.
I hope the jury in the case sides with the facts........only thing more fitting than that would be a rendition of the famous judge schmailes to Spaulding quote of" YOULL GET NOTHING AND LIKE IT" to the wards.
b1eagle
08-27-2015, 03:50 PM
The Feds are the biggest criminals of all.If they think they can steal money from someone like Stewart they will lie cheat and do whatever they can and it is legal.
pig tracker
08-27-2015, 05:36 PM
He needs to counter sue the parents for not teaching their child what to do and not do in life. Tony offered the Wilson family just this week to use his personal jet to get the family to Justin's bed side or whatever else they might need it for. This is a non-caring human being? What a bunch of crap.
Remember, it only takes a 51% preponderance of evidence for the plaintiff to prevail in a civil suit proceeding.
Here is the definition of Preponderance Of Evidence:
A requirement that more then 50% of the evidence points to something. This is the burden of proof in a civil trial. For example: At the end of civil case A v. B, 51% of the evidence favors A. Thus, A has a preponderance of the evidence, A has met their burden of proof, and A will win the case.
A criminal proceeding is "beyond a reasonable doubt".
Big difference.
This video will probably be shown many times in the coarse of the civil proceeding and this video is what puts doubt in many peoples minds as to the mind set of Stewart. Is this the act of a "caring" human being? As much as we may all agree that this video shouldn't have a bearing on the Kevin Ward case, it will, and it was all of Stewart's doing.
https://www.youtube.com/watch?v=MADH0QQ13xo
Okfine
08-27-2015, 06:08 PM
Legal extortion.............as has also been discussed.
Hope it's all worth it to them.
Let's continue the frivolous trend,I'm off to sue Aunt jamima because I'm fat........smfh
rocket-racer
08-28-2015, 05:42 AM
I would not settle, why settle if you are not guilty. They would not be suing if this were Joe Weekend that was involved. All they see is dollar signs. No amount of compensation is going to be good enough for these money hungry people. I think the judge should issue a gag order and they should not be allowed to slander Tony Stewart in the press. I think it was a guy who thought that he needed to noticed. The guy was not a threat on the race track so he had to get noticed one way or another. Unfortunately, well I don't need to even say it.
Please let your son REST IN PEACE and stop the madness.
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