Grand jury decision on Tony.
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Wingnutcnc
The faster I go the behinder I get.
Just get the kids autopsy report, all you'd ever want to know will be in it. They probably can tell you what he had for lunch that day. The kid was stoned and wanted to be the local hotshot that took Tony on in front of mommy and daddy, it all went terribly wrong and now he's gone. It's a very sad story, unfortunately true, caused by a little inhalation courage that includes a lot of stupidity.
dpkimmel2001
Team Owner
Stewart says crash was '100 percent' accident
HUNTERSVILLE, N.C. (AP) - There were days when Tony Stewart couldn't get out of bed. It was a chore to take a shower, to leave his room. The television was on, he would stare at it, and have no idea what he was watching.
He didn't care about racing. He didn't want to talk to anyone, let alone face his family, friends or other drivers. Stewart's grief over the death of Kevin Ward Jr. was overwhelming, and he couldn't find his way out of the fog.
Stewart, one of NASCAR's biggest stars, spent three weeks in seclusion at his Indiana home after the car he was driving struck and killed Ward at a dirt track in upstate New York. He describes those weeks as the darkest of his life.
"I know 100 percent in my heart and in my mind that I did not do anything wrong. This was 100 percent an accident," Stewart told The Associated Press on Thursday in his first interview since a grand jury decided he would not be charged in Ward's death.
Read the rest here.
HUNTERSVILLE, N.C. (AP) - There were days when Tony Stewart couldn't get out of bed. It was a chore to take a shower, to leave his room. The television was on, he would stare at it, and have no idea what he was watching.
He didn't care about racing. He didn't want to talk to anyone, let alone face his family, friends or other drivers. Stewart's grief over the death of Kevin Ward Jr. was overwhelming, and he couldn't find his way out of the fog.
Stewart, one of NASCAR's biggest stars, spent three weeks in seclusion at his Indiana home after the car he was driving struck and killed Ward at a dirt track in upstate New York. He describes those weeks as the darkest of his life.
"I know 100 percent in my heart and in my mind that I did not do anything wrong. This was 100 percent an accident," Stewart told The Associated Press on Thursday in his first interview since a grand jury decided he would not be charged in Ward's death.
Read the rest here.
DanicaFreak
She's crazy.
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This makes my heart hurt for Tony. Anyone who thinks that he is not hurting after this needs a reality check.
Prayers Tony.......
Prayers Tony.......
Professur
Team Owner
Well, they had access to every video available, including ones that people didn't put on youtube or offer to TMZ, they interviewed people that were actually in a position to see from many angles, and they had access to the forensic data taken from the car and track. You have ....? I'm pretty sure if there was anything that would incriminate Stewart, the Ward family representative would have made certain the Grand Jury had it. But don't let simple things like facts sway you. I'm sure your lifetime of experience watching CSI has given you the expertise to definitively judge angles and traction based on a single grainy hand held phone camera recording.
Old Smoke will never be the same...
M
MELROSEMAFIA
Guest
Please Tony......save it for the WEAK....MEEK...GULLIBLE... slugs in the world...loooooooooooool
Bobw
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Read elsewhere that the right thing for Tony to do is set up a scholarship in Ward's name. I questioned why and got pummeled! Tony did nothing wrong, it was a tragic accident that Ward brought on himself.
I think Tony will offer something to the family even though he is under no obligation to do so. But after reading the father's statement, and I can only imagine his grief, it wouldn't surprise me if Tony simply walked away.
I think Tony will offer something to the family even though he is under no obligation to do so. But after reading the father's statement, and I can only imagine his grief, it wouldn't surprise me if Tony simply walked away.
As a father who lost a son, I feel for the Ward family.
No amount of money or anything else will ever fill the void left by the loss of their son.
If the Ward family seeks vengeance, in the end it will eat them alive.
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YEP.
dpkimmel2001
Team Owner
Stewart unsure if he'll race sprint cars again
HUNTERSVILLE, N.C. (AP) — Tony Stewart found no greater joy than escaping his everyday life and climbing behind the wheel of a sprint car.
But in the wake of the death of Kevin Ward Jr., Stewart is unsure if he will ever race a sprint car again. Ward was killed when Stewart's car struck him as Ward walked on an upstate New York dirt track.
Stewart spoke to The Associated Press in his first interview since a grand jury decided against charging the NASCAR star in Ward's death. He could face a civil lawsuit.
"I would say it's going to be a long time before you ever see me in a sprint car again, if ever," Stewart said. "I don't have any desire at this moment to get back in a car."
From here
HUNTERSVILLE, N.C. (AP) — Tony Stewart found no greater joy than escaping his everyday life and climbing behind the wheel of a sprint car.
But in the wake of the death of Kevin Ward Jr., Stewart is unsure if he will ever race a sprint car again. Ward was killed when Stewart's car struck him as Ward walked on an upstate New York dirt track.
Stewart spoke to The Associated Press in his first interview since a grand jury decided against charging the NASCAR star in Ward's death. He could face a civil lawsuit.
"I would say it's going to be a long time before you ever see me in a sprint car again, if ever," Stewart said. "I don't have any desire at this moment to get back in a car."
From here
Naitch
NASCAR needs a driver's union
I couldn't begin to imagine what Tony must be going through emotionally. I just hope he's able to heal from this.
DanicaFreak
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All of this just hurts to read Everyone knows Tony would LIKE to be in a Sprint car, but his heart is hurt too much.[/quote]
Speedbowl14
Ryan Preece and short tracks
Wow.
Naitch
NASCAR needs a driver's union
Part of me wonders if it may benefit Tony to step away for the rest of the season (and maybe even next season), take some time off and get some professional help. It sounds like this has taken an unbelievable toll on him.
DanicaFreak
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Good point, but Tony is the type it seems, who is at home on the track--its all he knows--Racers heal by racing.
I'm sitting is a doctors office right now and I can hear the doc in the room next door talking about the short and long term effects of using concentrated THC oil.
I heard him say something about the "kid in the redneck race" that was killed when he got out of his racecar.
I heard him say something about the "kid in the redneck race" that was killed when he got out of his racecar.
DanicaFreak
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So Ward Jr is going to become the poster child for the war on drugs? Great. You gonna mention anything to the doc when he/she comes in?
I have a different Doc.
K
Kyle18fan
Guest
If Wards death prevents another drivers death in the future thats a good thing, the THC level may not have made any difference at all but if it was there it makes a difference to the law. Years back a train engineer was involved in a major accident, they found THC in his system and it created a mess for the railroad and him
Greg
2014 RF YAHOO CHAMP Your leader
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That would not be a good thing and unjust. I still have saved Larson picks for the yahoo league.
Those who have exhausted their Larson picks should not get the 14 for their class C picks.
K
Kyle18fan
Guest
Might be a good thing for him to stay away from these little races, too high profile of a driver to be there messing around IMO Its like pro boxers going in to clubs and drinking.................... its just not a good idea
Greg
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I appreciate the reasoning and purely as a business matter that is most sensible. But I hope he decides to continue racing them.
DUN24
Skeptical of the Spectacle
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Are you the crazy mf'er who belligerently comments on YouTube videos and whatnot?
Anyone that has followed Stewart's career knows what type of fierce competitor he is and has been, his entire career. Anyone with knowledge, knows that Tony's roots are in dirt sprints. To hear that this has affected him to the point that he doesn't want to get back in a dirt sprint saddens me. I feel this may also affect his competitive drive in a stock car. Sad to see an epic motorsports career come to an end under these circumstances.
Equally sad for the family of Kevin Ward.
Equally sad for the family of Kevin Ward.
Tony Stewart might want to settle rather than face civil suit
By Bob Pockrass @bobpockrass
Tony Stewart won’t face criminal charges in the death of Kevin Ward Jr., and now it’s likely up to Stewart whether the case ever returns to court.
Stewart not being charged criminally, plus the fact that Ward had marijuana in his system at the time of his death, could mean that a civil suit is less likely. But the standards in civil cases don’t match the criminal side, and New York law forces juries to determine a percentage of fault for each party in a wrongful death case, which means that Stewart could have incentive to settle
The Ward family has indicated that it will pursue a wrongful death lawsuit against the three-time Cup champion. Stewart could settle any case out of court by writing a check to the Ward family with the amount kept confidential. Or he could fight in court over whether he was negligent at all in the death of the 20-year-old driver, who walked out onto the track and was struck by Stewart’s sprint car under caution Aug. 9 at Canandaigua (N.Y.) Motorsports Park.
"I know 100 percent in my heart and in my mind that I did not do anything wrong,” Stewart told the Associated Press on Thurday. “This was 100 percent an accident.”
Greg Bloom, an attorney at the Miami firm Chase Lawyers who represents athletes and entertainers, said he would advise Stewart to settle, even though he believes it was an accident.
“I think he will end up settling,” Bloom said. “If I was to advise him, I would advise the same because he wants everything to be behind him.
“Everyone wants this whole story to be behind him, so he can move forward professionally and the memory of the deceased can rest.”
John M. Hochfelder, a New York lawyer who runs a blog and database on injury case damages in New York, said it is not uncommon for someone who is not indicted or is acquitted of criminal charges to face a wrongful death lawsuit.
“All the (criminal) acquittal means is that the prosecution did not prove beyond a reasonable doubt, according to the jury, that a crime was committed,” Hochfelder said. “That standard is much, much higher than the civil standard, which is a preponderance of the evidence, a tipping of the scales.
“We call it ‘the more likely than not’ standard. … (In this case), it’s more likely than not that you should have been more careful and your lack of care, we conclude, caused an injury."
Michael McCann, a Massachusetts attorney who founded the University of New Hampshire’s Sports and Entertainment Law Institute and also writes for SI.com, said because Stewart has a stake in preserving his reputation in order to earn sponsorship to race, he has incentive to settle this as soon as possible.
“The likelihood that Tony Stewart reaches an adequate settlement is very high,” McCann said. “He has reason to settle a case like this even if he believes he did nothing wrong.
“He has sponsorships with companies with which he has endorsement deals, and those companies probably would prefer he not litigate a case over whether he wrongfully killed someone. I imagine he himself would want to focus on his career and not have this linger over his career.”
If the case goes to a jury, a jury would have to decide whether Stewart had a duty to Ward to drive in a certain manner under caution and if he breached that duty.
It likely would come down to the two views of what happened — the Ward family states that Stewart “intentionally tried to intimidate Kevin by accelerating and sliding his car towards” their son, while the district attorney concluded that Stewart’ appeared to be driving straight and did nothing “aberrational” when his car struck Ward.
How much Ward's use of marijuana will play a role in a case is debatable. Ontario County (N.Y.) District Attorney Michael Tantillo said Wednesday that Ward had enough of the drug in him to impair his judgment. But the case would come down to how much Stewart's actions contributed to Ward’s death and what percentage of responsibility he bears. That is why Bloom believes Stewart should settle.
“If the case came down (to a jury), it would be difficult to not find him responsible in some way,” Bloom said. “From the facts that have come out, they had found some marijuana in the deceased’s system, but the standard is one of negligence.
“If they can find some type of negligence on the part of Tony Stewart, whether he was driving too slow or too fast as the caution flag was there as everybody was slowing down. There’s something to be said that comparatively he might have a percentage of fault.”
New York law does not allow damages for grief and suffering of the family, Hochfelder said, but it does allow for damages for any pain suffered between the time Ward was struck and the time he died. Ward was declared dead on arrival at the hospital 45 minutes after being struck by Stewart’s car, but there could be damages just from the shock of seeing the car coming at him. There also could be damages for Ward's earnings potential from racing and how much he could have used that to take care of his parents as they got older.
“(The marijuana) impairs the judgment, but I don’t know that Ward having impaired judgment matters that much because there probably won’t be any dispute what Ward in fact did, getting out of the car. … Whether he had a lot of pot in him or not, I don’t know that it matters because the question is, ‘What did he do?’” Hochfelder said.
The family also could sue for punitive damages, saying that Stewart had a pattern of aggressive behavior. Those types of damages are rare, Hochfelder said. The threat, though, also could cause Stewart to settle.
While Stewart’s past behavior and history of on-track incidents could be considered inadmissible in determining what happened that night, it could be included in a complaint that seeks punitive damages. That means anything in Stewart’s past, fair and admissible or not, could be game, and anything in his past exposed through depositions or mentioned in a court filing.
“You want to put this behind you, you don’t want your past coming out in an open forum and you want to be painted as (being as) compassionate as possible,” Bloom said. “I think he has been and he has done everything correct up to this point.
“A better course for him would be to settle, for something reasonable of course, and put this behind him.”
McCann said before it ever gets to the point of a lawsuit, Stewart likely will get a demand letter from the Ward family stating the amount of money they seek.
“Tony Stewart, if he is a defendant in a wrongful death lawsuit, just that mere fact can be damaging to his career,” McCann said. “Some of those potential skeletons may be inadmissible, but if you’re Tony Stewart’s lawyer you don’t want to take a chance.”
http://www.sportingnews.com/nascar/...th-civil-suit-ward-family-grand-jury-decision
I know its Pockrass but........
By Bob Pockrass @bobpockrass
Tony Stewart won’t face criminal charges in the death of Kevin Ward Jr., and now it’s likely up to Stewart whether the case ever returns to court.
Stewart not being charged criminally, plus the fact that Ward had marijuana in his system at the time of his death, could mean that a civil suit is less likely. But the standards in civil cases don’t match the criminal side, and New York law forces juries to determine a percentage of fault for each party in a wrongful death case, which means that Stewart could have incentive to settle
The Ward family has indicated that it will pursue a wrongful death lawsuit against the three-time Cup champion. Stewart could settle any case out of court by writing a check to the Ward family with the amount kept confidential. Or he could fight in court over whether he was negligent at all in the death of the 20-year-old driver, who walked out onto the track and was struck by Stewart’s sprint car under caution Aug. 9 at Canandaigua (N.Y.) Motorsports Park.
"I know 100 percent in my heart and in my mind that I did not do anything wrong,” Stewart told the Associated Press on Thurday. “This was 100 percent an accident.”
Greg Bloom, an attorney at the Miami firm Chase Lawyers who represents athletes and entertainers, said he would advise Stewart to settle, even though he believes it was an accident.
“I think he will end up settling,” Bloom said. “If I was to advise him, I would advise the same because he wants everything to be behind him.
“Everyone wants this whole story to be behind him, so he can move forward professionally and the memory of the deceased can rest.”
John M. Hochfelder, a New York lawyer who runs a blog and database on injury case damages in New York, said it is not uncommon for someone who is not indicted or is acquitted of criminal charges to face a wrongful death lawsuit.
“All the (criminal) acquittal means is that the prosecution did not prove beyond a reasonable doubt, according to the jury, that a crime was committed,” Hochfelder said. “That standard is much, much higher than the civil standard, which is a preponderance of the evidence, a tipping of the scales.
“We call it ‘the more likely than not’ standard. … (In this case), it’s more likely than not that you should have been more careful and your lack of care, we conclude, caused an injury."
Michael McCann, a Massachusetts attorney who founded the University of New Hampshire’s Sports and Entertainment Law Institute and also writes for SI.com, said because Stewart has a stake in preserving his reputation in order to earn sponsorship to race, he has incentive to settle this as soon as possible.
“The likelihood that Tony Stewart reaches an adequate settlement is very high,” McCann said. “He has reason to settle a case like this even if he believes he did nothing wrong.
“He has sponsorships with companies with which he has endorsement deals, and those companies probably would prefer he not litigate a case over whether he wrongfully killed someone. I imagine he himself would want to focus on his career and not have this linger over his career.”
If the case goes to a jury, a jury would have to decide whether Stewart had a duty to Ward to drive in a certain manner under caution and if he breached that duty.
It likely would come down to the two views of what happened — the Ward family states that Stewart “intentionally tried to intimidate Kevin by accelerating and sliding his car towards” their son, while the district attorney concluded that Stewart’ appeared to be driving straight and did nothing “aberrational” when his car struck Ward.
How much Ward's use of marijuana will play a role in a case is debatable. Ontario County (N.Y.) District Attorney Michael Tantillo said Wednesday that Ward had enough of the drug in him to impair his judgment. But the case would come down to how much Stewart's actions contributed to Ward’s death and what percentage of responsibility he bears. That is why Bloom believes Stewart should settle.
“If the case came down (to a jury), it would be difficult to not find him responsible in some way,” Bloom said. “From the facts that have come out, they had found some marijuana in the deceased’s system, but the standard is one of negligence.
“If they can find some type of negligence on the part of Tony Stewart, whether he was driving too slow or too fast as the caution flag was there as everybody was slowing down. There’s something to be said that comparatively he might have a percentage of fault.”
New York law does not allow damages for grief and suffering of the family, Hochfelder said, but it does allow for damages for any pain suffered between the time Ward was struck and the time he died. Ward was declared dead on arrival at the hospital 45 minutes after being struck by Stewart’s car, but there could be damages just from the shock of seeing the car coming at him. There also could be damages for Ward's earnings potential from racing and how much he could have used that to take care of his parents as they got older.
“(The marijuana) impairs the judgment, but I don’t know that Ward having impaired judgment matters that much because there probably won’t be any dispute what Ward in fact did, getting out of the car. … Whether he had a lot of pot in him or not, I don’t know that it matters because the question is, ‘What did he do?’” Hochfelder said.
The family also could sue for punitive damages, saying that Stewart had a pattern of aggressive behavior. Those types of damages are rare, Hochfelder said. The threat, though, also could cause Stewart to settle.
While Stewart’s past behavior and history of on-track incidents could be considered inadmissible in determining what happened that night, it could be included in a complaint that seeks punitive damages. That means anything in Stewart’s past, fair and admissible or not, could be game, and anything in his past exposed through depositions or mentioned in a court filing.
“You want to put this behind you, you don’t want your past coming out in an open forum and you want to be painted as (being as) compassionate as possible,” Bloom said. “I think he has been and he has done everything correct up to this point.
“A better course for him would be to settle, for something reasonable of course, and put this behind him.”
McCann said before it ever gets to the point of a lawsuit, Stewart likely will get a demand letter from the Ward family stating the amount of money they seek.
“Tony Stewart, if he is a defendant in a wrongful death lawsuit, just that mere fact can be damaging to his career,” McCann said. “Some of those potential skeletons may be inadmissible, but if you’re Tony Stewart’s lawyer you don’t want to take a chance.”
http://www.sportingnews.com/nascar/...th-civil-suit-ward-family-grand-jury-decision
I know its Pockrass but........
M
MELROSEMAFIA
Guest
The Ward family needs to continue to twist Tony's nutz...Come up with a settlement number that is unreachable, or cleans tony out financially...Keep the tragedy in the news, so future SHR sponsors have second thoughts...A 3-4 year long wrongful death lawsuit will be a sponsorship nightmare...As stated in the Pockrass article, Tony's past will be his demise if a seasoned litigator can get him up on the stand....Sweet dreams Tony....It's not anywhere near over yet...
FenderBumper
The "good old days" ??
FenderBumper
The "good old days" ??
Post your Tony hate or love here.
Bobw
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I said earlier that he's under no obligation to pay anything as it was a accident, He wasn't at fault. . As someone else said anyone can sue anyone over anything. But I think they might have a hard time finding a lawyer.
In any case it won't be Tony paying, more than likely he has a personal liability policy as many "celebrities" do so it'll be his insurance company that will determine if they pay and the amount. Judging from the fathers statement they're going to be asking nor mega bucks which I don't se happening.
In any case it won't be Tony paying, more than likely he has a personal liability policy as many "celebrities" do so it'll be his insurance company that will determine if they pay and the amount. Judging from the fathers statement they're going to be asking nor mega bucks which I don't se happening.
Naitch
NASCAR needs a driver's union
New York is a comparative fault state so it's likely that he'll be found at least 1% at fault. Remember, he doesn't have to be found totally "at fault" just partially so. That's why Tony will just settle, he doesn't want a court case.
FenderBumper
The "good old days" ??
So....Lets close down the long running 'Tony runs someone over' thread and start our own 'Grand jury' thread and redirect anything related to the situation to that one.
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OK, if you insist.So....Lets close down the long running 'Tony runs someone over' thread and start our own 'Grand jury' thread and redirect anything related to the situation to that one.
FenderBumper
The "good old days" ??
OK, if you insist.
Just reporting the facts, Ma'am.
Things will get ugly around here after Tony talks. I guess this one will get locked too.
I think in the end if the Ward family does pursue a civil suit and the suit settles out of court, they will realize that their grief is no different with or without a pile of money.
Also, I think that if they pursue a civil suit after the revelation that Kevin Ward Jr. was under the influence of marijuana at the time of his death, in the public eye, their motivation will appear to be greed rather than grief.
Also, I think that if they pursue a civil suit after the revelation that Kevin Ward Jr. was under the influence of marijuana at the time of his death, in the public eye, their motivation will appear to be greed rather than grief.
be9ak7ts16
Johali Lives
I'm sure Tony is about to the point of saying, "Here take a half mil and STFU." Then I hope he gets back in a sprint car. The guys a racer, he needs to race.
lisa
Kurt Busch fan
You really have no clue.
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