The case stems from a race last year.
The story might have faded from the general mindset, but the family of Kevin Ward Jr. never forgot. Tony Stewart struck and killed the young many during the Empire Super Sprints race at Canandaigua. The family just filed a wrongful death lawsuit against him. Ward, who was 20 when he died, was walking down the track toward the car under caution when he was struck.
Don't Miss: iPhone 8: Everything You Need to Know
USA Today reports that the Lanier Law Firm, which represents Ward's parents, Kevin and Pamela, the suit was filed Friday. Stewart is the only named defendant and the suit states he “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.” In the suit, it claims that Stewart caused the accident. It also hinted that a man with his skill and time in cars should have been able to control the car, steering it away from Ward.
The suit does not state what the Ward family is seeking in damages. The suit contains four actions: wrongful death; terror, pain and suffering prior to death; intentional/reckless conduct; gross negligence.
“Our son was truly the light of our lives and we miss him terribly every day,” the Wards said in a statement. “Our hope is that this lawsuit will hold Tony Stewart responsible for killing our son and show him there are real consequences when someone recklessly takes another person’s life.” The family requested a trial by jury.
No one involved in the case, from other side, will comment further.
There were reports that Ward was under the influence of marijuana while he was walking on the track, and it was enough to impair his judgement. A grand jury opted not to indict Stewart, who missed three races in the wake of the accident, including the event at Watkins Glen the following day.
USA Today Sports reports that, "At the time of the grand jury ruling last September, Ontario County District Attorney Michael Tantillo said there were two charges submitted for consideration against Stewart: manslaughter in the second degree and criminally negligent homicide. The grand jury heard the evidence and testimony from two dozen witness (including drivers, track employees, medical personnel and two accident experts) "over the better part of two days" and deliberated for less than an hour before reaching the decision, Tantillo said."
He also states that the videos were watched repeatedly, including the clip that was seen by the general public. He said that "The videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward, at which point his vehicle veered to the right up the track as a result of the collision. Prior to that, his course was pretty straight."
Stewart, who is considered to be one of the best wheelmen of all time, has faced problems with temper issues in the past.
Just recently, Stewart, who has rarely talked publicly about the incident, said: “I’m trying to not think about it. Unfortunately, I have a feeling it is going to be brought up a lot this week. It doesn’t help you continue to move forward with it. I don’t think I’ll ever be the same from what happened the last two years. I don’t know how you could be. I don’t know how anybody could ever be back to exactly the way they were."
Don't Miss: The Best HDR TVs
A moment of silence is scheduled at Canandaigua on Saturday night, according to a track spokesman, as the Empire Super Sprints return to the track.