Dirt Racing Could Be Impacted by Ward Family vs Tony Stewart Civil Suit

**Returning to Dirt** · 12-13-2017, 08:25 AM

http://insidedirtracing.com/dirt-rac...rt-civil-suit/

A judge's ruling will allow the Ward family to proceed with their civil suit against Tony Stewart

**Barbecueboy** · 12-13-2017, 09:03 AM

Does this mean no more smoking weed in the hauler before heat races, smfh?

**skicker** · 12-13-2017, 10:06 AM

All relevant information in this should be allowed to be admitted into evidence.
I doubt a New York Judge will allow a toxicology report on the deceased to be admitted but I guess we will see.
(not a nice word)(not a nice word)(not a nice word)(not a nice word) shame that a civil suit is allowed to be filed.

**Barbecueboy** · 12-13-2017, 10:13 AM

Money grab.......had it been anyone but Tony, wouldn't even be discussing it.

Sorry for the deceased and sorry the family is suffering because of his actions......but don't try and shift responsibility just because the man has money.

**MI Dirt Fan** · 12-13-2017, 10:44 AM

Originally Posted by Barbecueboy

Money grab.......had it been anyone but Tony, wouldn't even be discussing it.

Sorry for the deceased and sorry the family is suffering because of his actions......but don't try and shift responsibility just because the man has money.

Or was on dope while racing

**Cardirt0** · 12-13-2017, 10:57 AM

I dont care if someone gets high.. But if they get in a race car when they are, they should go to jail.. To bad he died be for he could go to jail....This could hurt racing Bad....He killed him self no one killed him....

**Barbecueboy** · 12-13-2017, 11:13 AM

Originally Posted by MI Dirt Fan

Or was on dope while racing

Explains why he unstrapped, and walked into oncoming racing traffic.......wasn't thinking too clearly.

Sux all the way around.

**MRM** · 12-13-2017, 11:46 AM

I think folks need to pay attention to where the judge says the waiver everyone signs entering the pits is worthless as far as liability goes. If other judges and the courts agree with this, it will have a negative impact on racing.

**brsteg** · 12-13-2017, 12:11 PM

Originally Posted by MRM

I think folks need to pay attention to where the judge says the waiver everyone signs entering the pits is worthless as far as liability goes. If other judges and the courts agree with this, it will have a negative impact on racing.

^^^^^^^^^This.

**Cardirt0** · 12-13-2017, 12:26 PM

Originally Posted by MRM

I think folks need to pay attention to where the judge says the waiver everyone signs entering the pits is worthless as far as liability goes. If other judges and the courts agree with this, it will have a negative impact on racing.

Opens the Door to a lot of Law suits for the dumbest of Sh!t...One more thing to kill racing...

**brsteg** · 12-13-2017, 12:46 PM

Originally Posted by Cardirt0

Opens the Door to a lot of Law suits for the dumbest of Sh!t...One more thing to kill racing...

Think this could make insurance harder to get and/or more expensive too. (Or will insurances sue the track operator to get out of paying in cases of incidents?)

Not good I don't think.

**chopter** · 12-13-2017, 12:51 PM

Originally Posted by MRM

I think folks need to pay attention to where the judge says the waiver everyone signs entering the pits is worthless as far as liability goes. If other judges and the courts agree with this, it will have a negative impact on racing.

I didn't see where a judge said any of that ? It says that a new York State law makes waivers unenforceable.

**Krooser** · 12-13-2017, 01:09 PM

K&k, Naughton and other insurance companies are in business to write policies... They will continue to do so.

A tracks insurance costs are directly based on risk... It costs more to insure if you run Sprint cars than bombers. If you fencing isn't up to snuff or the bleachers are in rough shape it will cost more.

An insurance company won't sue a track because of a claim...the insurance company has a contract with the track to defend the track in court and pay out damages based on amount of coverage in the contract.

This suit may affect tracks in NY....and maybe other states like CA or NJ. But most joints will not be affected...in my opinion.

**Mindwalker** · 12-13-2017, 02:11 PM

Originally Posted by Barbecueboy

Does this mean no more smoking weed in the hauler before heat races, smfh?

Did toxicology determine he was high at the track or during the race? His coming up positve to weed could have been a result of many days past.... Just because it is still in you system doesn't mean you are high. Gonna be hard to rule him impaired in any way at the time of this tragedy. No question he made a vary dumb move ending in his death. Was he high? May never know. Did he act out irrationally? Absolutely!

**MasterSbilt_Racer** · 12-13-2017, 02:29 PM

Originally Posted by Mindwalker

Did toxicology determine he was high at the track or during the race? His coming up positve to weed could have been a result of many days past.... Just because it is still in you system doesn't mean you are high. Gonna be hard to rule him impaired in any way at the time of this tragedy. No question he made a vary dumb move ending in his death. Was he high? May never know. Did he act out irrationally? Absolutely!

The post mortem toxicology is accurate enough to place the time of use in a 5 hr window prior to his death.

**CIRF** · 12-13-2017, 02:33 PM

This case might have already gone away if not for the deposed testimony under oath of Jessica Zemken-Friesen. If you read the transcripts of the deposition under oath of Stewart as questioned by the Ward family attorney he gets pretty deeply into Stewart's past acts of aggression and periodic violence. Ward's lawyer also confirms through questioning that even though Stewart has been advised to do so several times he's never received counselling for anger and aggression management. Right or wrong, like it or not, all that could weigh heavily on the final verdict.

I wonder if Stewart has ever reached out to the Ward family and tried to have a constructive conversation with them. It's probably a deal where the lawyers have forbid him to do so but it's a safe bet that it might have done some good. Too late now.

**Mindwalker** · 12-13-2017, 02:59 PM

Originally Posted by MasterSbilt_Racer

The post mortem toxicology is accurate enough to place the time of use in a 5 hr window prior to his death.

They would have to narrow that down to a minimal of 2 to 3 hours prior to hi s death. You are no longer high after about two hours. The effects of weed peak in the first 10 minutes and diminish after that. By 2 hours later very little if any impairment remain.

Again... It will be very hard to rule him under the influance of weed at the time he was in the car and out on the track.

**Mindwalker** · 12-13-2017, 03:05 PM

If he was still high on weed after 2 hours.... That was some dam abmormal weed. Just dont happen folks, not with weed anyway...

**CIRF** · 12-13-2017, 03:07 PM

Originally Posted by Mindwalker

They would have to narrow that down to a minimal of 2 to 3 hours prior to hi s death. You are no longer high after about two hours. The effects of weed peak in the first 10 minutes and diminish after that. By 2 hours later very little if any impairment remain.

Again... It will be very hard to rule him under the influance of weed at the time he was in the car and out on the track.

Hey Phil, you seem to be rather learned as to the intoxicating nuances and staying power of marijuana. LOL!