The wrongful death lawsuit against Tony Stewart will be transferred to the Western District of New York court in Rochester, N.Y.
The case was to have been heard in the Northern District of New York court in Utica, N.Y. The motion was made because Stewart’s attorney stated that the federal court in Rochester, N.Y., is closer to Canandaigua (N.Y.) Motorsports Park – where Kevin Ward Jr. died after he was struck by Stewart’s sprint car – and more convenient for non-party witnesses expected to provide testimony.
Paperwork filed by Stewart’s attorney Tuesday stated that the plaintiffs, Ward’s family, agreed to the move. A stipulated order was submitted and awaiting the judge’s signature to make the move official.
Attorneys for Ward’s family filed a wrongful death lawsuit against Stewart on Aug. 7. Ward, 20, died after he climbed from his wrecked sprint car, walked down the track and was struck by Stewart’s car during a race Aug. 9, 2014, at Canandaigua Motorsports Park.