Lawyer asks to move Tony Stewart suit to Rochester

NASCAR driver Tony Stewart's lawyer is asking for a change of venue in the Kevin Ward Jr. wrongful death suit.

Ward was killed by Stewart's car at Canandaigua Motorsports Park on Aug. 9, 2014, when he walked onto the track.

The case was initially filed by Ward's parents, Kevin and Pamela Ward, in state Supreme Court, but moved to U.S. District Court in Utica in August. Stewart's lawyer, Brian G. Gwitt, requested the move to federal court and filed the paperwork Friday for the move to the Western District in Rochester.

Gwitt said Stewart has asked him not to comment about the case.

Ward's parents have requested a jury trial and are seeking unspecified monetary damages. The filing by Gwitt to have the case moved to federal court says the Ward family is expected to seek more than $75,000 in damages.

According to court papers filed by Gwitt, the change of venue was requested to be more convenient for potential witnesses in the case. Utica is about 115 miles from Canandaigua, where most of the witnesses are based. Rochester is only about 30 miles away.

BLOUDON@DemocratandChronicle.com