Family of a Kevin Ward Jr files wrongful death lawsuit that accuses Stewart of gross negligence when his car hit the young driver as he walked across track

This article is more than 5 years old

This article is more than 5 years old

The family of a young driver who was struck and killed by Tony Stewart’s car on an upstate New York sprint racing track last year has filed a wrongful death lawsuit against the Nascar star.

Nascar driver Tony Stewart hits and kills fellow sprint-car racer Read more

The lawsuit was filed on Friday, as Stewart returned to Watkins Glen International on the one-year anniversary of the fatal crash.

The lawsuit accuses Stewart of gross negligence, saying he gunned his engine and put his car into a skid as 20-year-old Kevin Ward Jr walked on to the track after a crash at Canandaigua Motorsports Park on 9 August 2014. The car struck Ward, and he was killed.

A grand jury declined to indict Stewart, who at the time called it “100% an accident”. There was no comment from Stewart, who was with his crew in the garage before a final practice on Friday afternoon. Stewart-Haas Racing, the Nascar Sprint Cup team Stewart co-owns, also declined comment.

Ward’s parents, Kevin and Pamela Ward, requested a jury trial seeking unspecified monetary damages, claiming wrongful death, reckless conduct, gross negligence and their son’s terror and suffering.

“Our son was truly the light of our lives and we miss him terribly every day,” they 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.”

Stewart, who frequently races in extracurricular events as a hobby, was participating in a sprint race on a dirt track when Ward crashed into a wall after a bump with Stewart.



The lawsuit notes Stewart’s reputation for having a temper and claims that Stewart deliberately veered toward Ward after the collision.

“Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag,” the lawsuit states.