Tony Stewart asks judge to dismiss wrongful death claim

CANANDAIGUA, N.Y. (WSYR-TV) - Nearly three years after a crash at Canandaigua Motorsports Park ended in the death of a North Country driver, NASCAR star Tony Stewart is asking a judge to dismiss many of the claims in a wrongful death lawsuit.

According to court documents, Stewart filed a motion with a Federal judge on Tuesday.

In August 2014, Stewart was racing at the dirt track while in Central New York for Watkins Glen.

During the race, Kevin Ward Jr. – a 20-year-old driver from Port Leyden – left his car after crashing and stepped onto the track, waving his arms and pointing at Stewart.

Stewart and the other drivers in the race were operating under a caution flag during the race.

The family's lawsuit calls Stewart's driving reckless and say he was gunning his engine while under a caution causing his race car to slide and hit Ward.

Weeks after the incident, a grand jury determined that the three-time NASCAR champion would face no charges.

A statement from an Ontario County Sheriff's Deputy on the scene said Stewart appeared 'distraught' over what happened. 

Ward’s parents believe Stewart was trying to scare their son when his car struck him.

The sports network says mediation on the case is set for April 18 – and a hearing on Stewart’s motion is set for April 28.

No trial date is set for the case, which will be heard in U.S. District Court in Utica.

Stewart Facts in Support of Summary Judgement 

 

Stewart Sheriffs Report

Stewart Deposition 


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