Court documents tell two sides in Ward family lawsuit against Tony Stewart

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Tony Stewart denied turning up the track toward Kevin Ward Jr. in a 171-page deposition that was released this week as part of court documents in the Ward family’s lawsuit against Stewart.

The Ward family filed a wrongful death lawsuit Aug. 7, 2015, nearly a year after the 20-year-old Ward was struck and killed by Stewart during an Empire Super Sprints race at Canandaigua Motorsports Park in upstate New York. A grand jury ruled Sept. 24, 2014, that Stewart would not face criminal charges.

Stewart seeks a summary judgement. A hearing is scheduled April 28 in U.S. District Court in Utica, New York.

Stewart and Ward had been racing together when Ward spun into the wall — Stewart claimed in his deposition he did not hit Ward, while others have countered that in their depositions.

After the incident, Ward exited his car and walked down the track.

Here’s what happened next, based on court documents:

ACCIDENT RECONSTRUCTION REPORTS FILED

Both sides have submitted reports that detailed what happened.

The report on behalf of Stewart states: “When (Chuck) Hebing (who was in front of Stewart’s car) was passing by him, Mr. Ward shuffled his feet and moved about 0.7 feet up the track. But, as soon as Mr. Hebing passed him, Mr. Ward continued moving parallel to the track and also took a step about 1.5 to 2.3 feet down the track, towards and into the path of Mr. Stewart’s car.”

The report on behalf of the Ward family views the matter in a different way. It states: “Immediately prior to impact, Mr. Ward remained relatively stationary and remained outside the path where six preceding Sprint Cars had passed his location without incident. Therefore, Mr. Ward did not cause the impact with (Stewart’s car) but was rather the victim of Mr. Stewart directing his (car) toward his location.’’

The report filed on behalf of Stewart addresses Stewart’s car in the moments before and after striking Ward: “In this case, the inputs to get the car to drive around and avoid contact with Mr. Ward include steering to the left and/or applying some throttle to assist the car’s counterclockwise rotation. We know from the video stills discussed above that the car was pointed towards the infield and traveled down track while in the field of view of the camera. It would take about 1 second for the car to respond to the driver’s steering and throttle inputs.

“That would mean that the driver of the car, Mr. Stewart, had to perceive and react to the emergency of Mr. Ward’s appearance before the full appearance of Mr. Ward from behind Mr. Hebing’s #45 car. Given the typical perception-reaction time of 1.0 to 1.5 seconds for a normal driver in an emergency, and the fact that the track was under caution and the drivers were not racing, Mr. Stewart’s perception-reaction time was reasonable given the visibility, lighting, and unexpected motion of Mr. Ward prior to Mr. Stewart’s car arriving at Mr. Ward’s position.

“In summary, Mr. Stewart simply did not have enough time to react to Mr. Ward’s unpredictable actions and successfully avoid hitting him.’’

The report on behalf of the Ward family also sees that incident differently: “It is apparent Mr. Stewart intentionally caused his vehicle to move towards Mr. Ward by aggressively adding throttle input while counter steering through the turn.’’

TONY STEWART’S DEPOSITION

Stewart gave a deposition Dec. 8, 2016. The full transcript was filed earlier this week by Ward’s side in opposition of Stewart seeking a summary judgment. Ward’s father and mother attended Stewart’s deposition, which took place in Indianapolis.

In his deposition, Stewart was asked about the incident. This was how he answered questions on the matter.

Q. All right. After you saw his car, you saw him; he was on the track?

A. After I — yeah, after I saw his car, then I saw him.

Q. Okay. And —

A. Or a figure. I didn’t know that it was him but I saw —

Q. Fair enough. You saw a person on the track?

A. Yes.

Q. When you saw the car, you knew just procedure, that your pass was to be low?

A. Yeah, he was all the way to the outside — the car was all the way to the outside of the track, so anywhere that we went was going to be below it.

Q. All right. So where were you driving your car when you entered turn 1 as on the track? Middle of the track? Low track? High part of the track?

A. I really don’t remember. I mean, typically you would run somewhere in the middle of the racetrack.

Q. Okay. When you saw Mr. — when you saw the car that was disabled at the top part of the track, did you steer your vehicle in any direction that you recall?

A. No. I was already underneath the vehicle.

Q. You were underneath it. Okay. So you did not change the line that you were on based on your realizing where the car was that was disabled was on the track; is that fair?

A. Correct.

Q. All right. Now, in relation to the car that was on the track, where was the person that you saw on the track?

A. Initially when I saw the car, I didn’t realize there wasn’t a driver in the car.

Q. But at some point you did?

A. Yes.

Q. All right. And when you saw that person, did you from that point on change the direction of your vehicle based on seeing that person on the track?

A. It was a split second from the time that I saw a person until I got to the person.

Q. Okay. Is that a “no”?

A. I attempted to change direction.

Q. Okay. You don’t recall — and when you say you “attempted to change direction,” you attempted to change direction to the left down the track?

A. Correct.

Q. All right. It’s your testimony that you did not at any time after seeing Mr. Ward’s car or Mr. Ward on the track steer your car up the track?

A. No, sir.

DEPOSITIONS FROM OTHER DRIVERS IN AUG. 2014 SPRINT CAR RACE

Chuck Hebing, who was in that race at Canandaigua Motorsports Park and running ahead of Stewart under caution as they approached the area where Ward wrecked, described what happened in his deposition:

“(Ward) was coming down the track. I thought he was actually coming to my car. Me and Kevin have — I might have ran him out of room in that race, so I thought he might have been mad at me. Came at my car. I gassed it, swerved away from him and said to myself that “Next guy in line was probably going to hit him.”

Jessica Zemken-Friesen, who dated Stewart in 2011, also was competing in the race and running behind Stewart under caution. In her deposition, she described what she saw:

A. I was following Tony, and I – they were saying on the radio to stay low, and I was lower on the track, and I was behind him, right directly behind him pulling into turn one and two, and they were telling us to stay low. And I started to come down a little bit, and I could see Tony’s left front wheel turn to the right, closer in the direction of where Kevin was up higher on the racetrack. Um, and then I could see, um, I was just underneath him, and I could look up and see – I could see Kevin still there in front of his car with his hands in the air. And I saw the rear of the car stand up and the – the dust come off the rear tires as Tony hit the throttle.

Q. And then?

A. And then when he – when he hit the throttle the rear of the car came around and the front end of the car went to the left, the car got sideways, and he struck Kevin.’’

Later, Zemken-Friesen was asked:

Q. Do you think Mr. Stewart intentionally hit Mr. Ward?

A. I don’t know what he was thinking or what was going through his mind. I just was behind it and saw what I saw.’

MORE OF TONY STEWART DEPOSITION

Stewart was asked about his temper and various penalties he had been given in NASCAR for his actions, as Ward’s side seeks to show that Stewart has a history of his anger dictating his actions.

Q. All right. Would you say that you have had a — had some issues with your anger throughout the course of your life?

A. Occasionally.

Q. And have you, in fact, sought any counseling or treatment for that?

A. No, sir.

Q. Never had any anger management or counseling or any formalized process to help you with anger?

A. No, sir.

Stewart then was asked about incidents with Brian Vickers, Matt Kenseth, Brad Keselowski and Joey Logano. He also was asked about an incident with Kurt Busch inside the NASCAR hauler at Daytona International Speedway.

Q. Have you had any physical confrontations with any other drivers or people that were related to races where there were any punches thrown or shoves gone back and forth?

A. Kurt Busch.

Q. What happened with Kurt Busch?

A. We had an altercation inside the NASCAR trailer with the officials.

Q. Did you punch Mr. Busch or shove him?

A. Yes.

Q. And who precipitated that physical confrontation, you or Mr. Busch?

A. I did.

Q. And what was — why were you — why did you initiate a physical confrontation with Mr. Busch?

A. For lack of better terms, he initiated the — basically he was antagonizing us in front of the NASCAR officials and very inappropriately.

Q. And but with words?

A. Yes.

Q. And you responded with physical aggression?

A. Yes.

Q. All right. Is it a fair sum-up or not for some of the stuff we’ve just gone through to say that various times you’ve used your fists, your helmet and your car as a tool — as tools of physical force against other racers?

MR. SMIKLE: I’m going to object to the form of the question. It’s vague and ambiguous.

But go ahead and answer.

THE WITNESS: What you’ve shown is — I’ve raced for 38 years, I’ve raced over 1,500 races and what you’ve shown is less than 1 percent of the races that I participated in NASCAR. So altercations like that happen amongst drivers every week. So this is not un — this isn’t out of the ordinary for our sport.

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Preliminary entry lists for playoff races at Martinsville Speedway

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It’s time for the last short track races of the NASCAR season as the playoffs roll on at Martinsville Speedway.

The Cup and Camping World Truck Series will be in action this weekend at the .526-mile track in Virginia.

Here are the preliminary entry lists for the weekend.

Cup – First Data 500 (2:30 p.m. ET Sunday on NBCSN)

There are 40 entries for the race.

Matt Kenseth is back in Roush Fenway Racing’s No. 6 Ford.

Hermie Sadler is entered in Premium Motorsports’ No. 7 Chevrolet for his first start of the year. Five of his last six Cup starts have been at Martinsville.

There is no driver listed for Rick Ware Racing’s No. 51 Ford.

Clint Bowyer won the March race at Martinsville. He beat Kyle Busch and Ryan Blaney.

Busch is the defending winner of this race. He beat Martin Truex Jr. and Bowyer.

Click here for the entry list.

Trucks – Texas Roadhouse 200 (1 p.m. ET Saturday)

There are 35 entries for the race. Three trucks will not make the field.

Kyle Benjamin, Jeb Burton and Timothy Peters are entered in the race.

Harrison Burton is entered in Kyle Busch Motorsports’ No. 51 Toyota.

John Hunter Nemechek won the March Martinsville race over Benjamin and Brett Moffitt. Noah Gragson won this race last year over Matt Crafton and Johnny Sauter.

Click here for the entry list.

Scott Graves to be Ryan Newman’s crew chief at Roush Fenway Racing

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Roush Fenway Racing confirmed Tuesday that Scott Graves will be Ryan Newman‘s crew chief next season on the No. 6 Cup team.

Graves had been the crew chief for Daniel Suarez this season until leaving Joe Gibbs Racing Oct. 9.

Graves joined Roush Fenway Racing as an engineer in 2006. He was a crew chief there from 2012-15. He did four races as an Xfinity crew chief in 2012, working with a variety of drivers. In 2013, he served as Ricky Stenhouse Jr.‘s crew chief for three Cup races late in the season. Graves was Stenhouse’s crew chief in Cup for the 2013 season. Graves returned to the Xfinity Series and was the crew chief for Chris Buescher in 2014-15. They won the championship in 2015.

Graves left Roush for Joe Gibbs Racing and was Suarez’s crew chief in Xfinity in 2016 when he won the championship. Graves started 2017 with JGR’s Xfintiy program before moving up to be Suarez’s Cup crew chief early in the season.

“We are very pleased to bring Scott back to the fold,” said team co-owner Jack Roush in a statement from the team. “Scott is an exceptional talent atop the pit box and he has done an outstanding job throughout his career – with multiple championship campaigns attesting to that.

“He brings a strong engineering background to the table and we are excited about the opportunity to pair him with Ryan Newman going into the 2019 season.”

Roush Fenway Racing announced Sept. 22 that Newman would join the team in 2019.

Matt Puccia is the crew chief on the No. 6 car this season. Roush Fenway Racing stated that details on Puccia’s role are being worked out.

 

 

Bump & Run: Martinsville hot dogs, looking ahead to Round 3

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What’s your career high of Martinsville hot dogs in a weekend?

Nate Ryan: Maybe one or two? It’s been roughly 18 years since I consumed one. My career high of turkey sandwiches from the Sheetz near the 58/220 intersection is about six, though.

Dustin Long: One. Not my thing.

Daniel McFadin: In my four visits I’ve never had more than two in a race day.

Dan Beaver: I’m ashamed to say only two.

What percentage do you put it that the Big 3 all advance to the championship race in Miami?

Nate Ryan: More than 80 percent. Kevin Harvick and Kyle Busch likely are safe on playoff points, and Martin Truex Jr. could either win at Texas or be consistent enough over the next three races to advance. The only scenario in which one of the trio won’t race for the championship involves two other playoff drivers winning in this round; Busch, Harvick and Truex will post the finishes to garner the necessary points.

Dustin Long: 95 percent. Forget recent struggles, they will be there in Miami racing for a championship.

Daniel McFadin: 60 percent. I think Martin Truex Jr. is going to be in danger once Phoenix rolls around. The 78 team has lost its fire over the last four races, despite finishing fifth in Kansas. Kyle Busch can be expected to be a threat in all three races and Harvick should be the man to beat at Texas and Phoenix, if he can keep from making mistakes.

Dan Beaver: 50 percent: One of the non-Big 3 will win a race in this round and that means Martin Truex Jr. is going to need to seriously improve his performance to advance.

What’s stood out to you so far with the Cup playoffs?

Nate Ryan: The emergence of Chase Elliott and the cohesiveness, the competitiveness of Stewart-Haas Racing and the lone win among Busch, Harvick and Truex. It’s difficult to pin down an overall narrative.

Dustin Long: There there have been no upsets or surprises so far in who has been eliminated. Even when Brad Keselowski won three in a row he was saying they needed more speed. They won by execution. Running out of fuel at Talladega hurt him and then they didn’t have the speed at Kansas to make up for all those lost points at Talladega. The strongest teams are left. 

Daniel McFadin: The late-race success of teams that didn’t dominate in the regular season. Ryan Blaney and Aric Almirola each earned their first wins of the year in the playoffs and Chase Elliott earned wins No. 2 and 3. The competition has finally evened out, though some of that has been through help from late mistakes and cars running out of gas.

Dan Beaver: Chase Elliott with his pair of victories in Round 2. Along with his Watkins Glen win in August, he has won on three very distinct tracks.

What track in this round — Martinsville, Texas or Phoenix — do you think will have the most impact in the playoffs?

Nate Ryan: Phoenix because of the fresh layout and because the points scenarios always lend themselves to the Round of 8 cutoff race playing a major factor on the championship.

Dustin Long: Phoenix. Last chance to advance to Miami. Desperate times call for desperate actions.

Daniel McFadin: Martinsville. Teams will view it as the biggest equalizer in the round and with the possibility of a wild race, a non-playoff driver could win putting even more emphasis on the next two races for non-Big 3 drivers.

Dan Beaver: Every playoff driver will be trying to get off to a strong start at Martinsville and that will create some chaos.

NASCAR America: Will Martin Truex Jr. make the championship race?

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There are just three races left to decide who will compete for the Cup title.

On NASCAR America, Steve Letarte and Jeff Burton discussed Martin Truex Jr.‘s chances of getting a shot to repeat as champion.

Letarte believes Furniture Row Racing is hurt by the fact that it will close down at the end of the season.

“The way I look at it is there’s going to be four drivers that race for a championship in Miami and two heavyweights are already in,” said Letarte, referring to Kyle Busch and Kevin Harvick. “I don’t think Martin Truex makes it. I just don’t. I think that they’ve done a great job of trying to protect their team from the news, but the simple fact is we are four weeks from a championship and we are four weeks from an entire shop of people losing their job. That’s fact. That’s life. That’s what they’re trying to deal with out there in Colorado.”

Burton believe’s “no one’s a lock” for the championship four but admits it would “take special circumstances” for Harvick and Busch to not make it. He also thinks Truex is in a better position to advance compared to those he’s fighting for the final two spots in Miami.

“Who is trying to take him out of the Big 3?” Burton asked. “I haven’t seen it from (Clint) Bowyer. (Aric) Almirola’s been running pretty well lately. But you’re going to have to be better than just run with him. He has more points than you have.”

Watch the above video for more. Below is the playoff standings entering Martinsville and the Round of 8.