The family of Kevin Ward Jr., a young NASCAR driver struck and killed by Tony Stewart's car after he ran onto the track almost a year ago, have filed a wrongful death lawsuit against Stewart, according to Bob Pockrass of ESPN. The lawsuit claims that Ward's death, which occurred on an upstate New York dirt track with the race under caution, occurred as a result of Stewart accelerating his 700-horsepower sprint car as he passed Ward, causing it to slide and strike the 20-year-old driver, per Pockrass.
"Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag," the lawsuit states, via Pockrass. "Stewart acted with disregard for Ward's life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward."
The lawsuit has been filed in Lewis County (N.Y.) Supreme Court, whose jurisdiction covers the Ward home in Port Leydon and is less than 200-miles from Watkins Glen International where Stewart practiced in preparation for a Sunday NASCAR Sprint Cup Series race.
Stewart was not charged criminally in connection with the accident and Ward's death at Empire Super Sprints race last Aug. 9 at Canandaigua Motorsports Park. Ward was declared dead 45 minutes after the incident due to "massive blunt force trauma."
As Pockrass notes, the case likely hinges on the Ward family's ability to prove that Stewart held fault in Ward's death. "I just know in my heart that it was 100 percent an accident," Stewart said after the Ontario County grand jury decided not to charge him.
The Ontario grand jury watched two videos of Stewart's car striking Ward and came to the conclusion that they showed "no aberrational driving" by Stewart, according to Pockrass.
Stewart has not taken part in a sprint-car race since the accident. His normally sharp driving has been lackluster since Ward's death and Stewart has had no victories.
"I'm trying to not think about [the tragedy]. ... Unfortunately I have a feeling it is going to be brought up a lot this week," Stewart said Wednesday, via Pockrass. "It doesn't help you continue to move forward with it.
