Tony Stewart reaches settlement with Kevin Ward Jr.'s family in wrongful death lawsuit

A.J. Perez | USA TODAY

Show Caption Hide Caption Tony Stewart settles in wrongful death lawsuit Tony Stewart and the family of Kevin Ward Jr. have reached a settlement in a wrongful death lawsuit following an accident during a 2014 dirt track race.

The family of Kevin Ward Jr. and three-time NASCAR champion Tony Stewart appear to have settled the wrongful death lawsuit filed after Ward was killed at a dirt track race in August 2014, according to a notice posted in federal court records on Monday.

A hearing has been scheduled in U.S. District Court in Utica, N.Y., for April 12 over the "terms and conditions of the settlement." Trial had been scheduled to begin on May 7.

Ward, 20 was killed at Canandaigua (N.Y.) Motorsports Park after Stewart bumped into his car and Ward crashed during a race. Ward exited his sprint car and walked in the direction of Stewart’s car when he was struck and killed.

The lawsuit filed by Ward’s family claimed Stewart caused the fatal accident when he maneuvered toward Ward while the race was under caution.

"Our son was truly the light of our lives and we miss him terribly every day," the Ward family said in statement when the lawsuit was originally filed. "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 lawsuit sought unspecified punitive damages.

Stewart's lawyers attempted to get the case dismissed last year. One of the arguments Stewart's legal team made was that Ward signed a waiver, but Judge David N. Hurd ruled in December that such waivers are not enforceable under New York law.

"Beyond that, the assumption-of-risk as a matter of law argument made by Stewart must be denied because there are genuine factual disputes over whether, and to what extent, defendant's conduct during the caution period of the race may have unreasonably increased the risk that Ward Jr. assumed," Hurd wrote.

Messages left for the lawyers for Ward’s family and Stewart by USA TODAY Sports were not immediately returned Monday evening.

Less than two months after the incident, the Ontario County district attorney’s stated that Ward had enough marijuana in his system that would to potentially impair judgement.

Stewart was not charged in the incident. He missed three races and returned to the Monster Energy Cup Series on Aug. 31, 2015.

"This has been one of the toughest tragedies I've ever had to deal with both professionally and personally," Stewart said, reading from a prepared statement upon his return to racing. "This is something that will definitely affect my life forever. This is a sadness and a pain that I hope no one ever has to experience in their life. With that being said, I know that the pain and the mourning that Kevin Ward's family and friends are experiencing is something that I can't possibly imagine."

Stewart retired following the 2016 season and is currently a co-owner for the Cup team, Stewart-Haas Racing.