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

[CIRF]

the fact that this is still even being argued about is just crazy to me... DONT GET OUT OF YOUR CAR and go after someone on an active racetrack.. problem solved and this wouldn't be an issue...

Very good advise, but getting out of a racecar to, in some way, confront another driver because they believe they have been done dirty has been going on since before the days of Barney Oldfield and will go on until the last ever race is run and over with. I mean lets face it, emotion, passion (or whatever ya'll wanna' call it) and the willingness to act out in a bad way and to speak his mind is what endears Stewart to some folks, isn't it?

The wheels of justice turn slowly, and it's a safe bet that it's Stewart's shyster lawyers that are stringing things along so don't be too quick to place blame for this being drug out over years.

[DoubleZero]

The scary, far-reaching part, is this judge's interpretation. While the terms "recreational", and "professional" may be specific, legal entities in New York law, it sets a very dangerous legal precedent for all such venues/situations not just dirt racing, and not just in New York. The liability waiver, the one thing all tracks count on for such protection, was deemed null, void, and of no consequence. It's McDonald's hot-coffee all over again, and that's a game-changer.

[CIRF]

The scary, far-reaching part, is this judge's interpretation. While the terms "recreational", and "professional" may be specific, legal entities in New York law, it sets a very dangerous legal precedent for all such venues/situations not just dirt racing, and not just in New York. The liability waiver, the one thing all tracks count on for such protection, was deemed null, void, and of no consequence. It's McDonald's hot-coffee all over again, and that's a game-changer.

DZ, you make a very good point and one that most likely will come up in conversations among track owners, promoters and their legal counsel and insurance providers. It's a sure thing that it probably already has in some cases.

[MasterSbilt_Racer]

The scary, far-reaching part, is this judge's interpretation. While the terms "recreational", and "professional" may be specific, legal entities in New York law, it sets a very dangerous legal precedent for all such venues/situations not just dirt racing, and not just in New York. The liability waiver, the one thing all tracks count on for such protection, was deemed null, void, and of no consequence. It's McDonald's hot-coffee all over again, and that's a game-changer.

I have been told all my life that paper was worthless by people in the legal field.

[Last Rebel 1]

Well the way I see it you can like it or not don't make a shiii to me.
1ST from what I saw Tony never touched the boys car. The Ward boy hit the fence trying to give Tony room. He felt like he had been done wrong he was young and made a mistake that cost him his life. ( never go running at a car)
2th I'm a old man and have seen a lot and done a lot....I'll never believe as long as I live he was smoking before the race. Had he smoked in the last 30 days ? Sure looks that way. lol If YOU did not see that boy smoking before the race maybe you should watch your mouth. There was a time when ever driver on the track was high or drinking. I'm seen them so drunk they would have to put them in the car and people thought nothing about it.
Todays cars are so dang fast there is no way someone can smoke or drink with out crashing.
I never smoked or drank on Sat....,,I work on my car ever night just to turn Sat. into a party. The party starts after the race.
3rd.....The Ward boys family have to be some money hunger people to try to make money on there son's death. Maybe this explains the boy had such a short fuse.

[Bubstr]

The judge deciding the wavier was not legal, didn't give the go ahead to sue Tony, it opened the door to sue the track and sanctioning body. Yes, this could have impact on racing as a whole.

Those waivers aren't worth the paper they are written on. The sign at your garage sale that says, not responsible, is worth even less.

[jog49]

"There was a time when ever driver on the track was high or drinking."

You're as dumb as a rock!

[Loopy]

In Minnesota any motor vehicle accident that there is a death, be it a race vehicle, snowmobile, atv and or daily commuter vehicle they automatically take blood toxicology tests from all party's involved for evidence and it is admissible in court. I think this family is just going to make there son look like a bigger moron than he already was, it will be interesting to see how it all plays out.

[CIRF]

The judge deciding the wavier was not legal, didn't give the go ahead to sue Tony, it opened the door to sue the track and sanctioning body. Yes, this could have impact on racing as a whole.

I may be interpreting it wrong but the article I read said the judge ruled that since the waiver is null and void 3 of the 4 provisions in question within the wrongful death litigation are to remain as part of the litigation thus the go ahead by the Ward counsel to continue to pursue wrongful death damages.

I would agree that the precedent has been established but had the judge ruled the other way the case becomes far more winnable for Stewart. At least that's the understanding I have of the article.

http://nascar.nbcsports.com/2017/12/13/repot-judge-delivers-setback-to-tony-stewart-rules-civil-lawsuit-can-go-forward-in-kevin-ward-jr-death/

[just dust]

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.

Just about the money. And I being in my own business have been sued before , it dosen't
matter about wavers in a court of law . Its how the judge sees it, final word.

[3 wide]

If you look at the video the car in front of Stewart almost hit Kevin ward he had turn the wheel at the last minute stay in your race car.

[Clayton_Wetter]

My theory is that TS tryed to kick up dirt and spray KW ans miss judged not wanting to hit KW. This comes from TS past aggresiveness. They were BOTH at fault and TS is using excuses to cover up his mistake. Other drivers on the track saw KW on the track and out of his car. If KW had no drugs in his system then would it be a different story w same results?
Only TS knows and he will take it 6' under

A man can't escape both his own conscience and God's judgement.

[Last Rebel 1]

This hole deal is just another example of living in todays times. Our safety man at work was giving a talk on driving and said there's no accident's on the road it's someone's fault. I stood and said B.S. the boys in my Dept. thought it was funny knowing all the years I'd raced and crashes I'd been in.
People can't stand it when things happen ....... it must be someones fault.
The Ward boys folks must be some sorry people. I just can't for the life of me can't see someone suing anyone at a track. Heck I've raced at track that when they needed a ambulance in was 28 mile's away and we knew it and raced. Was not a fire extinguisher in site. But that was 35 years ago.
Like I said Sorry A people trying to make a dollar of there dead son. " Unbelievable "

[Barbecueboy]

This hole deal is just another example of living in todays times. Our safety man at work was giving a talk on driving and said there's no accident's on the road it's someone's fault. I stood and said B.S. the boys in my Dept. thought it was funny knowing all the years I'd raced and crashes I'd been in.
People can't stand it when things happen ....... it must be someones fault.
The Ward boys folks must be some sorry people. I just can't for the life of me can't see someone suing anyone at a track. Heck I've raced at track that when they needed a ambulance in was 28 mile's away and we knew it and raced. Was not a fire extinguisher in site. But that was 35 years ago.
Like I said Sorry A people trying to make a dollar of there dead son. " Unbelievable "

I'm sure any monies they get will be used to build a shrine in their sons and brothers honor and be put to good use in helping others in their sons honor and not used to buy themselves new homes, cars ,vacation condos and rolexes.

Right?

[NY DIRT]

My theory is that TS tryed to kick up dirt and spray KW ans miss judged not wanting to hit KW. This comes from TS past aggresiveness. They were BOTH at fault and TS is using excuses to cover up his mistake. Other drivers on the track saw KW on the track and out of his car. If KW had no drugs in his system then would it be a different story w same results?
Only TS knows and he will take it 6' under

You say other drivers on the track saw KW on the track and out of his car BUT he was not walking towards their car, he was waiting for Stewart to come back around the track and then he started to walk towards Stewart,s car. Big difference between standing by your car and walking towards a moving race car...