Tony Stewart wants many claims dismissed in wrongful death lawsuit

Clutch said:
Am I the only person aware of Tony's long...and I mean really long history of aggressive behavior? :idunno:
I see denial throughout this thread.
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Clutch..... I always revere your opinions........ but.... in this case ...... I think you need to take into consideration what all the other competitors that were close had to say.... as far as I can discern..... they were all in agreement that Tony was not at fault....... it was just a very bad situation for all involved........
 
kymartin6 said:
Clutch..... I always revere your opinions........ but.... in this case ...... I think you need to take into consideration what all the other competitors that were close had to say.... as far as I can discern..... they were all in agreement that Tony was not at fault....... it was just a very bad situation for all involved........
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I'm not actually saying there was intent. Just that he has a pattern of aggressive behaviour.
Rich folk aren't held accountable anyways. It will be settled and go away like Mr. Clarence suggests imo
 
Clutch said:
I'm not actually saying there was intent. Just that he has a pattern of aggressive behaviour.
Rich folk aren't held accountable anyways. It will be settled and go away like Mr. Clarence suggests imo
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I figure it will be settled out of court....... the kid's parents will get a nice settlement and even though Tony wasn't at fault.... he'll still have to pony up a good amount to make it all go away......
 
Clutch said:
Am I the only person aware of Tony's long...and I mean really long history of aggressive behavior? :idunno:
I see denial throughout this thread.
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Nope, sure not. I don't think he meant to hurt the kid one bit, but Tony and his infantile temper was a contributing factor. And the kid emulating him was another.
Racing world rallies around their Gods. And I doubt this family is hurting for money. It's not cheap to run a team that can compete with Stewart and his like.
 
Reck said:
We're now faulting a guy for wearing a dark racing suit? o_O

Talk about a stretch.

Mistakes were made on both fronts.



Also a crazy theory.

Drivers do that all the time. They get out of their cars and they try to confront a dude inside a moving car that's going at considerable speed. See it all the time in NASCAR.

To say it was in a threatening fashion is kind of looney. Usually the one doing the driving is the threatening force given that he's the one in control of a machine capable of ending your life.

Again, both sides have their fair share of blame.
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How is it a stretch? In combination to the other factors it would be a contributing factor. Just like a person walking/jogging at night in dark clothes. With the sprint cars they also don't turn on a dime either. Stay in the car and meet up with Tony in the pits and all would be good. Getting out of the car was a accident waiting to happen.
 
Clutch said:
Am I the only person aware of Tony's long...and I mean really long history of aggressive behavior? :idunno:
I see denial throughout this thread.
Click to expand...

I don't think this applies as in the past Tony has reacted because he felt someone had wronged or annoyed him. In this case the shoe was on the other foot as Tony was the one that aggravated Ward so he had no reason to be upset or aggressive. Also there is a world of difference between throwing a helmet or punching someone than trying to run someone over.
 
Family of Kevin Ward Jr. responds to Tony Stewart motion
http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
Tony Stewart could have avoided hitting Kevin Ward Jr. if he had just run the line that the six drivers in front of him did while under caution, the Ward family alleges in court documents filed Tuesday.
http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
The parents of Ward filed a wrongful death lawsuit in August 2015 against Stewart and filed a response Tuesday to a Stewart motion for summary judgment. A hearing is scheduled for April 28 in U.S. District Court in Utica, New York.

"Stewart confessed that he did not need to throttle his car to make it turn," Ward's family said in its response, citing a Stewart deposition. "Anticipating the impact, Ward Jr. put his hands up in a defensive position and desperately scrambled to get out of the way. ... Based on the evidence and reasonable inferences drawn therefrom, Stewart either intentionally hit Ward Jr. with his car or intended to execute a reckless maneuver in an effort to scare or humiliate Ward Jr."

Interesting read below with some info that I hadn't read before.

http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
 
^I just hope this case doesnt drag NASCAR through the mud. This sounds like it will be messy. The Wards are going to take this to the mat. I dont know how credible an ex gf is either....
 
dpkimmel2001 said:
Family of Kevin Ward Jr. responds to Tony Stewart motion
Tony Stewart could have avoided hitting Kevin Ward Jr. if he had just run the line that the six drivers in front of him did while under caution, the Ward family alleges in court documents filed Tuesday.
The parents of Ward filed a wrongful death lawsuit in August 2015 against Stewart and filed a response Tuesday to a Stewart motion for summary judgment. A hearing is scheduled for April 28 in U.S. District Court in Utica, New York.

"Stewart confessed that he did not need to throttle his car to make it turn," Ward's family said in its response, citing a Stewart deposition. "Anticipating the impact, Ward Jr. put his hands up in a defensive position and desperately scrambled to get out of the way. ... Based on the evidence and reasonable inferences drawn therefrom, Stewart either intentionally hit Ward Jr. with his car or intended to execute a reckless maneuver in an effort to scare or humiliate Ward Jr."

Interesting read below with some info that I hadn't read before.

http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
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Good read indeed.
 
DanicaFreak said:
^I just hope this case doesnt drag NASCAR through the mud. This sounds like it will be messy. The Wards are going to take this to the mat. I dont know how credible an ex gf is either....
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In what ways could this incident drag Nascar through the mud? If Nascar was going to be dragged through the mud would this not have happened already? Why would Nascar get dragged through the mud when this incident occurred in an non Nascar sanctioned event? Does that make sense?
 
And there you have it. All the bluster, posturing plus claims and counter claims can be summed up in the sentence below.

"In New York, survivors can get compensated for the victim's pain and suffering, as well as fear of impending death."
 
Skoalbandit33 said:
"In New York, survivors can get compensated for the victim's pain and suffering, as well as fear of impending death."
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I'm not a litigious type of guy and I guess that's why that statement makes no sense to me. Someone that had nothing to do with what took place will get compensated.
 
dpkimmel2001 said:
I'm not a litigious type of guy and I guess that's why that statement makes no sense to me. Someone that had nothing to do with what took place will get compensated.
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We are a lawsuit happy nation where you can become enriched by spilling hot coffee on yourself or falling off a ladder you have used incorrectly. I don't understand the rationale behind attempting to win money due to your adult child being killed other than trying to enrich yourself.
 
I'd call it a wash. Ward shouldn't have gotten out of his car until safety crew arrived, and he shouldn't have been high on Marijuana during the race. While turning in dirt racing is about throttle control, if Stewart did confess that he didn't need to use the throttle to turn his car, then he shares some of the blame in part of contributing to the accident.

At the end of the day, I believe that this was an accident. It was a horrible accident that took a young man's life, but I doubt Tony Stewart had any intent to maim or hurt Ward with his car.
 
doesn't tony have insurance for this that will fight to the end not to pay?
 
Nope. His team has already tried to pull an insurance company into it. Stewart wasn't paying for coverage for the event he was running. The court said no.
 
kymartin6 said:
Oh yeah....... he will pay...... I'd say an out of court settlement to make it just go away..... Probably a pretty good sum.... These folks see a retirement check coming from a well set mark...... They aren't going to give up......
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in that case we will never know the pay out
 
As from the start, look for a settlement. The details will be sealed. Both sides will express satisfaction with the outcome.

Between the money to the Wards and the lawyers, Stewart will be considerably poorer, or less rich. However one wants to couch it.

A local politician convicted of “corruption” charges is now “free” after the SCOTUS kicked his appeal back to the circuit level ‘n they vacated. It's been reported his legal fees amount to twenty seven million.
 
dpkimmel2001 said:
Family of Kevin Ward Jr. responds to Tony Stewart motion
http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
Tony Stewart could have avoided hitting Kevin Ward Jr. if he had just run the line that the six drivers in front of him did while under caution, the Ward family alleges in court documents filed Tuesday.
http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
The parents of Ward filed a wrongful death lawsuit in August 2015 against Stewart and filed a response Tuesday to a Stewart motion for summary judgment. A hearing is scheduled for April 28 in U.S. District Court in Utica, New York.

"Stewart confessed that he did not need to throttle his car to make it turn," Ward's family said in its response, citing a Stewart deposition. "Anticipating the impact, Ward Jr. put his hands up in a defensive position and desperately scrambled to get out of the way. ... Based on the evidence and reasonable inferences drawn therefrom, Stewart either intentionally hit Ward Jr. with his car or intended to execute a reckless maneuver in an effort to scare or humiliate Ward Jr."

Interesting read below with some info that I hadn't read before.

http://www.espn.com/racing/nascar/s...ly-kevin-ward-jr-responds-tony-stewart-motion
Click to expand...


The link only demonstrates that Ward Jr behaved like an idiot and paid the price. I get no joy from stating the unfortunate but obvious point. The Ward family is essentially demanding their there sons foolishness gets more attention, and they leave no room to deny his idiocy.

The young man most likely had some great attributes and qualities for those who knew him to appreciate. They might as well have a funeral for those as well. Blowing this story up, about his last idiotic act buries all else.

Note: All of the above is just my humble opinion, I will not hold it against anyone that's foolishness enough to disagree with me.
 
Greg said:
The link only demonstrates that Ward Jr behaved like an idiot and paid the price. I get no joy from stating the unfortunate but obvious point. The Ward family is essentially demanding their there sons foolishness gets more attention, and they leave no room to deny his idiocy.

The young man most likely had some great attributes and qualities for those who knew him to appreciate. They might as well have a funeral for those as well. Blowing this story up, about his last idiotic act buries all else.

Note: All of the above is just my humble opinion, I will not hold it against anyone that's foolishness enough to disagree with me.
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Actually the link made Tony's situation look worse than ever.
 
Clutch said:
Actually the link made Tony's situation look worse than ever.
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I am not holding anything againt Tony, Ward Jr should never got that close. And I dont think a Sprint Car driver has to be prepared for a pedestrian approaching his car in turm two.

I dont think anyone can know what Tony's intentions were. Racing is very mental thing, and I doubt there is any rest even during caution laps. You are thinking your tires, what are the lines that cars in front of you running. An infinite mental analysis is always in the works, and then some idiot appears out of the blue.

The Ward family is just the second phase or extension of the idiocy.
 
Greg said:
I am not holding anything againt Tony, Ward Jr should never got that close. And I dont think a Sprint Car driver has to be prepared for a pedestrian approaching his car in turm two.

I dont think anyone can know what Tony's intentions were. Racing is very mental thing, and I doubt there is any rest even during caution laps. You are thinking your tires, what are the lines that cars in front of you running. An infinite mental analysis is always in the works, and then some idiot appears out of the blue.

The Ward family is just the second phase or extension of the idiocy.
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So we disagree. All good. :)
 
Like I said before, the job of the court will be to determine what percentage Ward Jr contributed to his own death.
 
Clutch said:
Actually the link made Tony's situation look worse than ever.
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I agree that the link cast a bad light on Tony....... That is the first one I have read that mentions Tony's ex-girlfriend. Do you think maybe there might be sour grapes there?

I am still a firm believer that the end result of the kids death lay strictly on his shoulders because of his ridiculous action on a dimly lighted track... Had he acted like a reponsible adult..... he would still be alive. And his parents would still be relying on him to move into the upper ranks..... make a lot of money and support them for the rest of their lives....
 
kymartin6 said:
I agree that the link cast a bad light on Tony....... That is the first one I have read that mentions Tony's ex-girlfriend. Do you think maybe there might be sour grapes there?

I am still a firm believer that the end result of the kids death lay strictly on his shoulders because of his ridiculous action on a dimly lighted track... Had he acted like a reponsible adult..... he would still be alive. And his parents would still be relying on him to move into the upper ranks..... make a lot of money and support them for the rest of their lives....
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I wasn't present at the time of the incident so I can't make a determination. We have some grainy footage which is quite inconclusive.
Ward definitely made mistakes on that night. But that doesn't rule out the possibility that Stewart was trying to intimidate Ward. Tony was in race mode and we have multiple examples of him losing his temper at the track. Just my 2 cents.
My opinion means nothing but eyewitness accounts surely will and I can't imagine that his history of rage at the track will help him in any way.
 
Clutch said:
Actually the link made Tony's situation look worse than ever.
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I read the complete article several times to see if I could figure out what seemed so off about it. This is my opinion. There were a lot of unsubstantiated "quotes" from the Wards Attorneys about what was said in the depositions, he said/she said, but no rebuttal's listed from Tony's Attorney's. It was mostly a one sided biased article by a person that is known to skew stories to push his own agenda.
 
^ My opinion of the linked article by Bob Pockrass is that it didn't make either side look stronger or weaker than before. Stewart has the facts of the incident, and Ward has some sling-able mud. I hope the case goes to trial, but a settlement wouldn't surprise me... I strongly suspect that the cost of a settlement would be relative pocket change to Tony Stewart.

Regardless of that, it is unfair to label the Pockrass piece as a "one sided biased article by a person that is known to skew stories to push his own agenda." I regard Pockrass as the best reporter on the Nascar beat, or certainly among the very best. What other stories by him can you cite as known skewed agenda pushing?

BTW, there is further detail here, in a NBC Sports article.
 
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