Wrongful death lawsuit filed against Tony Stewart by attorneys for family of Kevin Ward Jr.

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Attorneys representing the family of deceased sprint car driver Kevin Ward Jr. filed a wrongful death lawsuit Friday against Tony Stewart in the 5th Judicial District for the Supreme Court of the state of New York in Lowville, N.Y.

Ward was struck and killed by Stewart Aug. 9, 2014 during a sprint car race at Canandaigua (N.Y.) Motorsports Park. Ward exited his car after hitting the wall and walked down the track toward Stewart’s car during the caution when he was hit and killed. An Ontario County (N.Y.) grand jury ruled Sept. 24 that Stewart would not face criminal charges.

The attorneys for the Ward family said in a release that the lawsuit claims Stewart “wrongfully caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.”

Ward’s parents said in a statement: “Our son was truly the light of our lives and we miss him terribly every day. 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-Haas Racing had no comment Friday. Stewart is represented by Indianapolis attorney James Voyles, whose clients have included boxer Mike Tyson. Voyles also helped Bill Simpson file a lawsuit against NASCAR after Dale Earnhardt Sr.’s death in 2001.

The Ward family, which is seeking punitive damages, has requested a jury trial. The lawsuit does not specify the amount of damages the family seeks.

“Kevin Ward would be alive today if not for the reckless and dangerous actions of Tony Stewart, who eventually will have to answer for what he did,” said Mark Lanier of The Lanier Law Firm in a release. “The past year has been extremely difficult for Kevin’s mother and father, and they’re still trying to cope with their unimaginable loss.”

The release also says that the family or its lawyers do not plan further comment.

NBC Legal Analyst Jack Furlong said on NASCAR America on the timing of the lawsuit being filed Friday while Stewart was competing at Watkins Glen International: “Strange would be one word. The more cynical amongst us would say the publicity value is not lost on any of us. It’s the one-year anniversary (of the incident).

“It is, in effect, a statement across the bow of Tony Stewart’s people that if you think we’re going away quietly, you are sadly mistaken.”

Furlong said that once the lawsuit has been served to Stewart and a response made, both sides can begin the discovery phase, “meaning taking depositions, exchanging documents, experts’ reports, statements, you name it, the whole gamut.”

Michael McCann, a Massachusetts attorney and director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law, wrote for Sports Illustrated last year that “a successful wrongful death lawsuit could lead to millions of dollars in damages, particularly since wrongful death damages are largely contingent on the decedent’s age and loss of future earnings.”

Kevin Ward Jr. was 20 when he died.

McCann wrote that “Ward’s family would need to convince a jury that Stewart’s conduct was probably unreasonable and caused Ward’s death. Other drivers would be called to testify as experts and offer their views as to the reasonableness of Stewart’s conduct. Stewart himself could also be called to testify. His ability to invoke the Fifth Amendment to avoid answering questions would depend on whether the questions asked of him require him to admit that he engaged in criminal conduct.”

The lawsuit, filed on behalf of Kevin Ward Sr. and Pamela Ward, states that six cars passed by Kevin Ward Jr. after he exited his car and walked down the track.

The lawsuit states: “As Stewart’s car approached Ward, who was standing on the track, Stewart climbed up, gunned his engine, causing his 700-horsepower vehicle to slide and strike Ward with his right rear tire, crushing Ward and flinging his body an estimated 25 feet down the track.”

The lawsuit states: “Defendant 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.

“Stewart acted with disregard for Ward’s life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward.

“Stewart’s conduct, by gunning his engine on a track that had been under caution for an extended period of time proximately caused the harm suffered and death of Plaintiff’s decedent herein.”

The lawsuit also states: “The personal injuries and death sustained by Ward were caused solely by the negligence and/or recklessness of the Defendant (Stewart) and without any negligence on the part of the Plaintiff Decedent contributing thereto.”

Michael Tantillo, Ontario County District Attorney, said after the 23-member grand jury decided not to charge Stewart that toxicology levels indicated that Kevin Ward Jr. was under the influence of marijuana “enough to impair judgment” at the time of the accident.

Tantillo said the grand jury saw two videos of the incident – one that became public shortly after the incident and one that did not. Tantillo said that “the videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward.”

After the grand jury’s decision, Ward’s mother  issued a statement on behalf of the family:

“Our son got out of his car during caution while the race was suspended. All the other vehicles were reducing speed and not accelerating, except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy.

“The focus should be on the actions of Mr. Stewart and not my son.’’

In an interview with The Associated Press on Sept. 26 – two days after the grand jury declared he would not face criminal charges – Stewart said: “I know 100 percent in my heart and my mind that I did not do anything wrong.”

Stewart also told the AP then: “I would hope (the Ward family would) understand – maybe they do, maybe they don’t, maybe they never will – that I do care. I’ve tried to be respectful of their process of grieving and not push myself on them. I’m sure they have things that they want to know what happened, and I think it’s important for them at some point to hear it from my point.”

In a Sept. 29 press conference at Stewart-Haas Racing, Stewart told reporters that he had viewed video of the incident and it reaffirmed his belief it was an accident.

Asked about the revelation that Kevin Ward Jr. had marijuana in his system, Stewart said at the press conference: “A young driver lost his life. No matter what was said, it was a tragic accident. I know in my heart that it was 100 percent an accident.’’

 

 

 

Long: 100 days left in 2020, what else can happen?

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What’s next?

In a season of change that has zoomed through NASCAR like history did in Billy Joel’s “We Didn’t Start the Fire,” 100 days remain in the year. That’s plenty of time for more upheaval.

Remember the beginning of the season when talk centered on the championship race moving to Phoenix Raceway this year?

That was back when teams practiced and qualified before races, before drivers chose what lane to restart, before midweek races.

The novel coronavirus pandemic forced NASCAR and all sports to change, but when NASCAR returned after a 10-week break in May to Darlington without spectators, that was only the beginning of a season unlike any other.

Michael Jordan’s entry into the sport Monday night capped a day that started with Chip Ganassi hiring Ross Chastain to drive its No. 42 car next year and a report that NASCAR would add another road course to the 2021 schedule and move the All-Star Race.

The 2021 schedule has not been released so that is something to look forward to at some point in the next 100 days. The timeline on when it will be revealed continues to change, so let’s just say it will be out by Christmas, if not sooner. Who knows, there still might be more road course races on next year’s schedule. 

This is what we know of 2021: It won’t feature the Next Gen car, which has been delayed to 2022; the Daytona 500 is scheduled to open the season on Valentine’s Day; and Nashville Superspeedway will host Cup cars for the first time in June, the first in a four-year agreement.

Oh, and we also know where Bubba Wallace will be racing in 2021. He’ll drive for a team co-owned by Jordan and Denny Hamlin. JTG Daugherty Racing co-owner Brad Daugherty says of the three: “I think it’s a pretty dynamic trio with Michael, Denny and Bubba. They’re going to be like rock stars.”

The sport’s quiet rock star, seven-time champion Jimmie Johnson, is watching his final full-time season — don’t worry he hints that he’ll look to run a few Cup races when his IndyCar schedule allows — end with muted fanfare in front of empty stands or socially distanced crowds.

Hendrick Motorsports has yet to announce who it will add to its driver lineup with Johnson’s departure. That’s just among the unknowns with 100 days left in the year and 145 days until next year’s Daytona 500. Erik Jones, Matt DiBenedetto, Clint Bowyer, Corey LaJoie, Daniel Suarez and Matt Kenseth have yet to announce plans for next year. The status of Kyle Larson’s return looms over all of them.

One of the bigger questions on the track is if Kyle Busch can win a Cup race this season. He’s won at least one series race in each of the past 15 years, a streak that ranks tied for sixth on the all-time list with Hall of Famers Dale Earnhardt, Darrell Waltrip and Tony Stewart.

“It’s really important,” Busch said of the streak. “Think about it, it’s a 16-year investment that we’ve placed on that being able to win a race in 16 consecutive seasons. Hopefully we can keep that going and get it to 17 and then to 18 or however many that I’m here.”

Busch came close last weekend at Bristol, the first time that track hosted a playoff race. It was part of the revamped playoff schedule that has Bristol, the Charlotte Roval and Martinsville as elimination races, NASCAR’s way of ramping the intensity as the season comes to a close.

There weren’t fireworks on the track but the 30,000 fans at Bristol saw a spellbinding battle between Harvick and Busch for the win over the final laps. Harvick prevailed for his ninth win of the season. Only two drivers in the last quarter century have won 10 or more races.

Fans are slowly returning to the track, although there won’t be any at Las Vegas Motor Speedway this weekend. Charlotte Motor Speedway found out Tuesday that North Carolina Gov. Roy Cooper will permit outdoor arenas with seating capacity of more than 10,000 to be filled to 7% capacity. Charlotte races in May were run without fans and the All-Star Race was moved to Bristol in July because Bristol could have fans and Charlotte could not.

Social initiatives, including the banning of the Confederate flag at NASCAR races and tracks, were added this summer.

“Ultimately,” NASCAR President Steve Phelps said in June, “when we get back to full grandstands, everyone who walks through the gates or on to our property or one of our tracks or where our races are being held will understand that they will not see the Confederate flag.”

That was among the key changes that Jordan said drew him to joining Hamlin as an owner of NASCAR’s newest Cup team.

“Historically, NASCAR has struggled with diversity and there have been few Black owners,” Jordan said in a statement. “The timing seemed perfect as NASCAR is evolving and embracing social change more and more. In addition to the recent commitment and donations I have made to combat systemic racism, I see this as a chance to educate a new audience and open more opportunities for Black people in racing.”

Jordan’s entrance is significant. But the way this season has gone, a global sports icon joining NASCAR? That’s called Tuesday.

With 100 days left in the year, there’s plenty more change ahead.

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NASCAR Power Rankings: Kevin Harvick back at No. 1

NASCAR Power Rankings
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Stop us if you’ve heard this before: Kevin Harvick is the No. 1 driver in this week’s NASCAR rankings.

Martin Truex Jr. held the top spot for just a week before Harvick reclaimed the crown with his series-leading ninth Cup win of the year Saturday at Bristol Motor Speedway.

This week’s rankings includes three ties as 12 drivers received votes.

More: Playoff standings after Round of 16

Harvick takes his power rankings lead to Las Vegas Motor Speedway for the start of the Round of 12.

Here is this week’s NASCAR Power Rankings:

1. Kevin Harvick (Last week No. 1): The Stewart-Haas Racing driver has three wins in the last five races: Dover, the Southern 500 and Bristol night race.

2. Chase Elliott (Last week No. 7): Finished seventh at Bristol for his third top 10 in five races. His 11 top fives so far matches his total from each of the last two seasons. He scored a career-high 12 top fives in 2017.

3. (tie) Kyle Busch (Last week No.  9): Finished second in Bristol after he started from the rear due to inspection failures. Has three consecutive top 10s for the first time this season.

3. (tie) Joey Logano (Last week No. 3): Followed consecutive third-place finishes with an 11th at Bristol.

5. (tie) Martin Truex Jr. (Last week No. 1): Finished 24th in Bristol following contact with Denny Hamlin after an unscheduled pit stop.

5. (tie) Brad Keselowski (Last week No. 5): After winning at Richmond, Keselowski had a rough night in Bristol. He finished 34th due to power steering problems.

7. (tie) Aric Almirola (Last week unranked): Finished fifth in Bristol for his third consecutive top 10 and his fourth in five races.

7. (tie) Clint Bowyer (Last week unranked): Placed sixth in Bristol for his third consecutive top-10 finish and to keep his playoff chances alive.

9. Austin Dillon (Last week No. 3): Placed a respectable 12th to finish the first round after consecutive top fives.

10. Erik Jones (Last week unranked): Placed third in Bristol for his seventh top-five finish of the season and his second in the last three races.

Also receiving votes: Alex Bowman and Denny Hamlin

NASCAR Silly season features Bubba Wallace, Michael Jordan

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NASCAR Silly Season took a twist Monday. A day that started with the announcement that Ross Chastain would drive for Chip Ganassi Racing next year ended with the news that Denny Hamlin would co-own a team with Michael Jordan and have Bubba Wallace as the driver in 2021.

As JTG Daugherty Racing co-owner Brad Daugherty said: “I think it’s a pretty dynamic trio with Michael, Denny and Bubba. They’re going to be like rock stars.”

The 26-year-old Wallace is in his third full Cup season. All 105 of his starts in NASCAR’s premier series have been with Richard Petty Motorsports.

“Bubba has shown tremendous improvement since joining the Cup Series and we believe he’s ready to take his career to a higher level,” Hamlin said in a statement. “He deserves the opportunity to compete for race wins and our team will make sure he has the resources to do just that. Off the track, Bubba has been a loud voice for change in our sport and our country. MJ and I support him fully in those efforts and stand beside him.”

A team name, car number, manufacturer and sponsors will be announced at a later time.

ANNOUNCED CUP RIDES FOR 2021

No. 00: Quin Houff enters the second year of his two-year deal with StarCom Racing.

No. 1: Kurt Busch enters the second year of a multi-year contract that Chip Ganassi Racing announced last season.

No. 2: Brad Keselowski and Team Penske announced a contract extension Aug. 3.

No. 4: Kevin Harvick signed a contract extension in February that will keep him at Stewart-Haas Racing through the 2023 season.

No. 8: Tyler Reddick said Aug. 7 that he will be back with Richard Childress Racing next season.

No. 9: Chase Elliott is under contract with Hendrick Motorsports through the 2022 season.

No. 10: Aric Almirola extends deal with Stewart-Haas Racing for 2021 season.

No. 11: Denny Hamlin is signed with Joe Gibbs Racing through at least next year.

No. 12: Ryan Blaney and Team Penske announced a multi-year extension earlier this season.

No. 18: Kyle Busch is signed with Joe Gibbs Racing through at least next year.

No. 19: Martin Truex Jr. is signed with Joe Gibbs Racing through at least next year.

No. 20: Christopher Bell moves from Leavine Family Racing to take over this ride in 2021.

No. 22: Joey Logano is tied to Team Penske “through the 2022 season and beyond.”

No. 24: William Byron is under contact with Hendrick Motorsports through 2022.

No. 42: Ross Chastain takes over Chip Ganassi Racing’s ride for the 2021 season.

No. 47: Ricky Stenhouse Jr. enters the second year of a multi-year deal with JTG Daugherty Racing.

No. 88: Alex Bowman will race for Hendrick Motorsports under a one-year contract extension announced earlier this year.

No. TBA: Bubba Wallace joins the new team co-owned by Denny Hamlin and NBA great Michael Jordan. The team purchased Germain Racing’s charter. Germain Racing will not continue after this season.

 

Available/possibly available rides

No. 14: Clint Bowyer is in a contract year to drive for Stewart-Haas Racing.

No. 21: Matt DiBenedetto said Sept. 17 that Wood Brothers Racing has an option to pick up his contract for next year and the deadline is the end of September.

No. 32: Ride is open with Corey LaJoie announcing he will not return to Go Fas Racing in 2021.

No. 43: Bubba Wallace will not return to Richard Petty Motorsports in 2021, the team confirmed on Sept. 10.

No. 48: With Jimmie Johnson retiring from full-time competition, Hendrick Motorsports has this seat to fill.

No. 95: Spire Motorsports purchased the charter and assets of Leavine Family Racing and will be a two-car operation in 2021.

No. 96: Daniel Suarez and Gaunt Brothers Racing announced Sept. 15 that they would part ways after this season.

 

Brad Daugherty: Michael Jordan to NASCAR is ‘huge moment’

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Brad Daugherty calls Michael Jordan’s ownership of a Cup team a “huge moment for NASCAR.”

Jordan and Denny Hamlin will co-own a Cup team next season. Bubba Wallace will be the driver. Jordan will become the first Black majority car owner of a full-time team since Wendell Scott owned and raced cars in the 1960s and ‘70s.

Daugherty, the only Black owner of a full-time Cup team currently, is excited about Jordan’s entrance into NASCAR.

“It’s a big momentum shift for this sport culturally, period,” said Daugherty, co-owner of JTG Daugherty Racing and an analyst for NBC Sports. “Three years ago, this would have never happened. A year ago, this wouldn’t have happened. It’s the timing. If the timing is right and you have someone like Michael Jordan put his brand and what he’s all about into whatever you are doing, it adds a lot of credibility. I look forward to whatever he can bring to the table to help continue to build NASCAR.”

Daugherty told NBC Sports that Jordan can help the sport reach more people.

“The eyeballs are going to be incredible,” Daugherty said of Jordan’s potential impact. “The opportunity for entrance into the sport will be made more available as far as people being aware of the availability to get involved in NASCAR as a fan or as a business. There’s just so many different areas that will light up just because of who he is and what he represents. His entire legacy creates opportunity for everyone.

“Now, we start talking diversity with what he’s able to do from a corporate standpoint and also just from a legacy standpoint with his brand. It’s going to be exciting. I’m excited because I think more people now, more than ever, will take a look at NASCAR with a keen eye and keen interest and be excited about maybe participating as a fan or as a business partner or as someone wanting to learn how to drive a race car or own a race team. The more notoriety the better.”

NASCAR stated Monday: “Michael is an iconic sports figure and celebrated champion whose fiercely competitive nature has placed him among the greatest athletes of all time. His presence at NASCAR’s top level will further strengthen the competition, excitement and momentum growing around our sport. We wish Michael and his team tremendous success.”

Jordan told The Charlotte Observer on Monday that the deal came together in about 10 days because of the chance to hire Wallace.

“When (Hamlin) told me there was a possibility of getting Bubba Wallace, I’m saying, ‘OK, this is perfect!’” Jordan told The Observer. “If I’m getting involved in NASCAR, then get a Black driver (with) a Black owner.”

For all that Jordan can bring to NASCAR, Daugherty knows that the competition can prove challenging.

“I’m sure he’s committed to next season and we’ll see how that goes and if it goes well, you go beyond that,” said Daugherty, a teammate to Jordan on the University of North Carolina basketball team. “He had a (Superbike) team for a long time and loved that. He understands it’s a different business model. He’s at the point in his life, he’s like Roger Penske and Rick Hendrick and those guys to where it’s really not a detriment to him financially if he’s not making money. We’ll have to see how much he can stomach because it’s an interesting business model for sure.”

Jordan told The Observer he’s in it to win.

“If I’m investing, if I’m a participant, then I want to win! I don’t want to be out there to be just another car,” Jordan said.

Daugherty looks forward to seeing Jordan, Hamlin and Wallace at the track.

“I think it’s a pretty dynamic trio with Michael, Denny and Bubba,” Daugherty said. “They’re going to be like rock stars.”

Daugherty also looks forward to something else next year.

“Look forward to racing against those guys,” he said, “and trying to kick their butts.”