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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Kyle Larson wins preliminary event at Chili Bowl

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Kyle Larson won the A feature Tuesday night to advance to Saturday night’s A main at the Chili Bowl Nationals. It was his fifth preliminary event win at the Chili Bowl. Zach Daum finished second.

Larson took the lead on Lap 6 of the 25-lap feature and went on to the win.

MORE: Tuesday night race results from Chili Bowl

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“We’ll move on to Saturday and try to be better,” Larson said in the press conference afterward.

NBCSN broadcaster Dillon Welch finished seventh in the 24-car field. Alex Bowman placed ninth. Tanner Berryhill, who will be a Cup rookie this season, was 10th.

The Chili Bowl continues the rest of the week, culminating with Saturday night’s main event.

JJ Yeley, Landon Cassill and Rico Abreu are among the drivers scheduled to race Wednesday night at the Tulsa, Oklahoma, event.

Thursday’s racing will include two-time defending winner Christopher Bell, Justin Allgaier and Karsyn Elledge, daughter of Kelley Earnhardt Miller. Kasey Kahne and Tanner Thorson are among those scheduled to race Friday.

Thorson won Tuesday night’s Race of Champions. Larson was second, Bell placed third and Yeley was fifth in that event.

 

Chase Elliott, Hendrick Motorsports dominate Lionel’s best-selling diecasts for 2018

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2018 was a really good year for Hendrick Motorsports — on the diecast market.

Lionel Racing revealed Tuesday that despite having its fewest Cup wins in 25 years, Hendrick Motorsports dominated its top 10 best-selling diecasts last year.

Anchored by five Chase Elliott diecasts, HMS claimed the top eight spots.

Elliott, who scored Hendrick’s only three Cups wins and was voted NASCAR’s most popular driver, tops the list with his No. 9 NAPA Chevrolet.

All three of Elliott’s race win diecasts are on the list, with his first career Cup win at Watkins Glen coming in at No. 2.

Hendrick is represented by all four of its drivers on the list with Jimmie Johnson, William Byron and Alex Bowman each having one diecast in the top 10.

Kyle Larson‘s No. 42 Credit One Chevrolet is eighth and Kevin Harvick‘s No. 4 Busch Beer Ford is 10th.

Here’s the full list:

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Wayne Carroll to serve as Landon Cassill’s crew chief, Tony Furr moves to ARCA team

Landon Cassill. Photo: Getty Images.
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StarCom Racing has named Wayne Carroll as crew chief for driver Landon Cassill in the 2019 Cup season, NBC Sports has confirmed.

Carroll served as crew chief for 12 Cup races last season on StarCom Racing’s No. 99 car, working with several drivers including Derrike Cope, Gray Gaulding, Kyle Weatherman and three races with Cassill.

After leasing a charter from Richard Childress Racing for the No. 00 last season, StarCom purchased the charter for the same car for this season. The No. 00 and 99 will also have ECR motors under the hood for both Cassill and teammate Derrike Cope.

Also, Tony Furr, who served as crew chief for both Cassill and Jeffrey Earnhardt last season with StarCom, has accepted a similar position with Mullins Racing in the ARCA Racing Series, the team announced Tuesday.

Tony Furr, right, and team owner/driver Willie Mullins. Photo: Dinah Marie.

Furr will serve as crew chief for the No. 3 Mullins Racing Ford driven by team owner and 2018 Daytona ARCA runner-up Willie Mullins in the ARCA Racing Series season-opening Lucas Oil 200 on Feb. 9 at Daytona International Speedway.

Furr has spent much of his career in the Cup Series, working with numerous stars including Bill Elliott, Joe Nemechek, John Andretti, Ward Burton, Jerry Nadeau and others.

Furr has two Cup Series wins as a crew chief, one with Andretti in the summer race at Daytona in 1997 and one with Nadeau at Atlanta Motor Speedway in 2000.

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Public memorial service for J.D. Gibbs set for Jan. 25

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A public memorial service for J.D. Gibbs will be held at 11:30 a.m. ET Jan. 25 at Davidson College’s John M. Belk Arena in Davidson, North Carolina. Doors open at 10:30 a.m.

Gibbs, the eldest son of car owner Joe Gibbs, died Jan. 11 after a battle with a degenerative neurological disease. J.D. Gibbs was 49.

On a website honoring Gibbs’ legacy, it states that in lieu of flowers, the Gibbs family requests donations to the J.D. Gibbs Legacy Fund. The fund has been established to honor Gibbs and his passion for the Young Life Ministry, which he served as a member of the National Board.

The J.D. Gibbs Legacy Fund has two specific objectives that reflect J.D.’s passion for outreach:

  1. To ensure “every kid” in the greater Charlotte region can be reached with the gospel, the Fund will provide the support necessary to reach adolescents from all socioeconomic backgrounds, those with special needs, and teen moms.
  2. Young Life’s Windy Gap Camp in the mountains of N.C. has been a favorite of J.D.’s and his family for many years. Windy Gap is located just 15 miles north of Asheville, N.C. and the Fund will be used to support the construction of a new dining hall as well as additional facility improvements.