Stewart Has Wrongful Death Suit Filed Against Him

[MasterSbilt_Racer]

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]

I am shocked the Ward family would expose there sons drug use while driving a race car for money.

[Josh Bayko]

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]

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]

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]

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]

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.

[CIRF]

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]

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]

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]

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]

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]

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]

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]

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]

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]

The Ward's are asking for a jury trial. Bad news for Smoke. He will settle quickly.

[Okfine]

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.

[CIRF]

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]

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.