Originally posted by CIRF
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Dirt Racing Could Be Impacted by Ward Family vs Tony Stewart Civil Suit
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You're dead wrong about the anger/aggression management. Stewart testified under oath in deposition questioning by the Ward family attorney that he has never been given professional anger/aggression management counselling/therapy.Originally posted by Highwayman View PostThere is zero evidence of ANY wrong doing on Stewart's part and the deceased was arguably somewhat impaired in his judgement and WAS the aggressor. Even watching the racing prior to his spin, he had nothing to be upset about. He screwed up, KW smoked weed prior to racing, KW caused his own wreck trying to make an undoable outside move, KW exited his car in a black firesuit against a black surface and KW charged a race car on foot. KW essentially used Stewart's car to commit an unintended, self inflicted man slaughter. As far as waiver's, my father in-law is an attorney and he told me 20 years ago they don't really do anything when its gets down to it in court. The only way the Ward's get any sort of payout is if the judge is on the tack or a close friend or relative. There was NO aggressive behavior from Stewart, period. And I'm pretty sure he had to do anger management back in the early 00's after a run in with a reporter, but I could be wrong on that point.
And, the contention of a lack of aggressive behavior on the part of Stewart is open to interpretation. The driver of the car directly behind Stewart at the moment of Kevin Ward's death was deposed under oath saying Stewart was running a lane or two higher as he passed Kevin's car and veered to the right as he passed Kevin himself on the racetrack. When asked if the move toward Kevin was intentional and aggressive the driver stated that they didn't know what was going through Stewart's mind at that moment. Read the deposition. It's a matter of public record.
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Also.... When high on pot, something like strapping to a 800hp wheel standing micro rocket is a sure "buzz kill". You come down real fast in certain situation. If he was high when he strapped in... He wouldn't be very compeditive. Im sure and i dont know how he was on the track as far as his abilities but unless he was always high people e who knew his racing habits would have seen a difrance in his behavior on the track.
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She was under oath at the time of the testimony and she's the only one who had a perfect and unobstructed view of what took place from directly behind Stewart. If she's not telling the truth under oath she's committing an act of blatant perjury and that carries a fairly hefty penalty, both jail time and fine. Is it worth risking jail time and tens of thousands in fines to put the screws to a former boy friend? Besides that, she might just be someone who has enough integrity to tell the truth despite any past personal experiences.Originally posted by brsteg View PostThat break up did not go smoothly. That is for sure. Of the testimony that has been released her's is the only one that sides with the Ward's claims and beliefs.
Have to wonder...
Judging from Stewart's numerous episodes of vindictive retaliation it's a safe bet that ol' Stewy would love to get his hands on Mrs. Friesen!Last edited by CIRF; 12-13-2017, 04:06 PM.
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A negative impact? Ya think? If that stands up in court, youre done racing on mom n pop tracks. No insurance co in the world will touch it at that point. Its game over, daddy. Lets hope this judge doesnt "go there"Originally posted by MRM View PostI 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.
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Whether he was high or not his death was due to his own actions in my opinion. Could this have been avoided by TS? Maybe? Could this have been avoided by KW? Yes!
I think this will be the final rulings.
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It was a long time ago, but I have seen guys smoke weed and race successfully that night.Modern Day Spec Wedge Racing
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I'm wondering if they think he does anger management classes that's admitting he has a problem with anger issues and that could be used against him. What do you think sound far fetched?Originally posted by CIRF View PostYou're dead wrong about the anger/aggression management. Stewart testified under oath in deposition questioning by the Ward family attorney that he has never been given professional anger/aggression management counselling/therapy.
And, the contention of a lack of aggressive behavior on the part of Stewart is open to interpretation. The driver of the car directly behind Stewart at the moment of Kevin Ward's death was deposed under oath saying Stewart was running a lane or two higher as he passed Kevin's car and veered to the right as he passed Kevin himself on the racetrack. When asked if the move toward Kevin was intentional and aggressive the driver stated that they didn't know what was going through Stewart's mind at that moment. Read the deposition. It's a matter of public record.
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I as you who have been on this sight a long time know ts is not one of my favorite people behind the wheel but that does not in any way influence my opinion that kw was at fault. He should have never put himself in that close of proximity to a moving racecar!
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just because a judge says ok to proceed doesn't mean the Wards will proceed.. I could see money grab since it's Stewart but don't think it gets that far but we will see..
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You're 100% correct, Blackie. However, the way wrongful death civil litigation's are settled is with just 51% preponderance of guilt. In other words, if a jury, or a judge in the case of a bench trial, finds Stewart at 51% or more culpable for Kevin Ward Jr.'s death Stewy loses. It's not "beyond a reasonable doubt" as is the case in criminal trials. I wouldn't be surprised that Stewart already has his assets distributed and protected in such a way that in the event that he is found civilly guilty of the wrongful death of Kevin that the family will get little or nothing. Not saying that is right or wrong but it's just how some folks roll these days. This is what O.J. Simpson did and the Goldman family has yet to receive a dime of the settlement they were awarded in the wrongful death civil trial of Ron Goldman.Originally posted by Mindwalker View PostWhether he was high or not his death was due to his own actions in my opinion. Could this have been avoided by TS? Maybe? Could this have been avoided by KW? Yes!
I think this will be the final rulings.
I'm sure it's done a lot more than most of us think. As Blackie says, impairment lasts a relatively short time.Originally posted by MasterSbilt_Racer View PostIt was a long time ago, but I have seen guys smoke weed and race successfully that night.
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You make a very good point, Kid. But that could be a double edged sword. On one side of the blade if he submit's to anger/aggression management therapy he's basically admitting that he has a problem. On the other side of the blade if he refuses any and all counselling or therapy he can be seen as being in denial and that could add to any negligence that is perceived by the court.Originally posted by kidrock View PostI'm wondering if they think he does anger management classes that's admitting he has a problem with anger issues and that could be used against him. What do you think sound far fetched?
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Originally posted by CIRF View PostYou're dead wrong about the anger/aggression management. Stewart testified under oath in deposition questioning by the Ward family attorney that he has never been given professional anger/aggression management counselling/therapy.
And, the contention of a lack of aggressive behavior on the part of Stewart is open to interpretation. The driver of the car directly behind Stewart at the moment of Kevin Ward's death was deposed under oath saying Stewart was running a lane or two higher as he passed Kevin's car and veered to the right as he passed Kevin himself on the racetrack. When asked if the move toward Kevin was intentional and aggressive the driver stated that they didn't know what was going through Stewart's mind at that moment. Read the deposition. It's a matter of public record.Well said as usual.Originally posted by CIRF View PostShe was under oath at the time of the testimony and she's the only one who had a perfect and unobstructed view of what took place from directly behind Stewart. If she's not telling the truth under oath she's committing an act of blatant perjury and that carries a fairly hefty penalty, both jail time and fine. Is it worth risking jail time and tens of thousands in fines to put the screws to a former boy friend? Besides that, she might just be someone who has enough integrity to tell the truth despite any past personal experiences.
Judging from Stewart's numerous episodes of vindictive retaliation it's a safe bet that ol' Stewy would love to get his hands on Mrs. Friesen!
Personally, I put the guilt at about 70-80% Kevin’s, and the rest on Tony because he did go up the track to scare Kevin. And I 100% believe he misjudged Kevin, and Kevin got too close, ending in a tragic accident. Do I think weed had anything to do with it? He!! no. Tony is a hot head and that is why I place some blame on him. He put Kevin outta the racing line, and Kevin lost it. And instead of just flicking him off, or just joining back up at the tail, he made a fatal mistake. Shame for Kevin, and on one hand Tony.
I’d settle out of court and be done with it personally. And I would believe her testimony, she has moved on.Up in the air who my next “favorite†driver is. Really losing hope on Bloomer getting anywhere back to “normalâ€.
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