Tony Lost

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his court case against his insurance company who refused to cover him when the kid was killed.

His lawyers are going to appeal.
 
More info would be nice.

Tony was found not to be liable for the accident so what are you talking about?
 
Reck said:
More info would be nice.

Tony was found not to be liable for the accident so what are you talking about?
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I do believe this has to do with the Ward family suing him, and his insurance will not pay for it.
 
Reck said:
More info would be nice.

Tony was found not to be liable for the accident so what are you talking about?
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He's talking about the civil suit brought by the parents. Stewart's insurance company says their policy excludes his participation in the racing event in question. Stewart's lawyers disagreed and took the insuror to court. They lost.

The civil suit isn't in court yet.
 
aunty dive said:
He's talking about the civil suit brought by the parents. Stewart's insurance company says their policy excludes his participation in the racing event in question. Stewart's lawyers disagreed and took the insuror to court. They lost.

The civil suit isn't in court yet.
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Oh I see.

Thanks for the clarification ya'll.
 
BobbyFord said:
They'll have to determine what percentage Kevin Ward contributed to his own death.
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I had to look it up to verify because every state is different, but this is true. New York is basically a pure comparative negligence state, in which a plaintiff can recover damages even if they were 99% at fault. But the amount is reduced based on what degree of fault the plaintiff is found to have had. Still, even if a jury was generous to Stewart and found Ward to be 80% at fault in his own death, the amount of damages could still be large even at 20% of whatever they determine the young man's life to have been worth.

That and the extremely bad publicity of this dragging out in court are why it is very likely to end in a settlement and not reach trial. Tony will have to pay up unless he somehow wins the battle with insurance company on appeal.
 
gnomesayin said:
I had to look it up to verify because every state is different, but this is true. New York is basically a pure comparative negligence state, in which a plaintiff can recover damages even if they were 99% at fault. But the amount is reduced based on what degree of fault the plaintiff is found to have had. Still, even if a jury was generous to Stewart and found Ward to be 80% at fault in his own death, the amount of damages could still be large even at 20% of whatever they determine the young man's life to have been worth.

That and the extremely bad publicity of this dragging out in court are why it is very likely to end in a settlement and not reach trial. Tony will have to pay up unless he somehow wins the battle with insurance company on appeal.
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I don't believe this will ever go to trial.
 
gnomesayin said:
I had to look it up to verify because every state is different, but this is true. New York is basically a pure comparative negligence state, in which a plaintiff can recover damages even if they were 99% at fault. But the amount is reduced based on what degree of fault the plaintiff is found to have had. Still, even if a jury was generous to Stewart and found Ward to be 80% at fault in his own death, the amount of damages could still be large even at 20% of whatever they determine the young man's life to have been worth.

That and the extremely bad publicity of this dragging out in court are why it is very likely to end in a settlement and not reach trial. Tony will have to pay up unless he somehow wins the battle with insurance company on appeal.
Click to expand...
BobbyFord said:
I don't believe this will ever go to trial.
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I wish I was as sure that it would settle out of court. But I think this is more of a vendetta than actually trying to get some type of compensation. A long lengthy trial could be very useful for someone wanting vengeance, and I am afraid that is goal.
 
Sorry I didn't include a link to the news.
I won't bother mentioning that Stewart is back in the news with a new lawsuit against he and his race track.:rolleyes:
 
All I will say..... and this is just my gut feeling....... I don't think Tony was at fault for even 1 percent of that kid's death. That kid was pumped up just being in a race with Tony.... He was young, dumb and immature and wanted to make a name for himself by calling out a Nascar Star.... How did that work for you? Not too good...... now the folks are trying to capitalize on their kids death by seeing millions of dollar signs that will fund their retirement home in Florida..... Now Scott Bloomquist and a few of his cronies are trying to suck millions from Tony because Tony had enough passion for the sport to buy Eldora and give them a place to race....


If I was Tony.... I'd tell 'em all to just jump up and kiss my ass.... shut down Eldora...... let Bloomquist buy it and see how big of a boy HE is..... turn my back on open wheel.... and spend every dime I had to make sure these money grubbing parents of the kid that committed suicide never got a lousy nickel........


And I'm not even a Tony Stewart fan....... but....... what's fair is fair...... and Tony has been open game to be railroaded because of his actions prior ...... He's opened himself up for critisism in this legal action because of some of his actions on the track..... but...... those should not be brought into court. Only the circumstances involving that particular night......
 
Ok I just read about it. Bloomquist admits already that the car was still underweight by 21 pounds, it's just that Eldora found the car to be even more underweight...

Either way he broke the rule. How does he have a leg to stand on?
 
Bloomquist is absolutely correct that his reputation has been shattered... by filing this outrageous nuisance lawsuit. "Hey, I was only 1% underweight, sob, sob, sob."
 
"...mediation would be non-binding."

Now, apologize to the vultures; they provide a useful environmental service. You can apologize to the vampires if you want to.. Well, not the sparkly vampires...
 
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