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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Mother of Dale Earnhardt Jr. and Kelley Earnhardt Miller passes away

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Brenda Jackson, mother of Dale Earnhardt Jr. and Kelley Earnhardt Miller, has died following a battle with cancer, JR Motorsports announced Monday. She was 65.

Formerly Brenda Gee, she married Dale Earnhardt in 1972. Together they had Kelley (1972) and Dale Jr. (1974) before separating.

Jackson was one of two daughters and four children to NASCAR fabricator Robert Gee, a Virginia native who built winning cars for racers, including Earnhardt.

After her separation from Earnhardt, the children stayed with her as Earnhardt tried to establish his racing career. After a fire claimed their home, Jackson moved back to Virginia while the children went to live with Earnhardt.

She remarried in 1985 to William M. Jackson Jr., a firefighter in Norfolk, Virginia. When he retired they moved back to North Carolina with step-daughter Meredith. Jackson joined JR Motorsports as an accounting specialist in 2004 and remained there through 2019.

Jackson is survived by her husband; her children Dale Earnhardt Jr. (wife Amy), Kelley Earnhardt Miller (husband L.W.), step-daughter Meredith Davis (husband Jonathan); her grandchildren Karsyn Elledge (18), Kennedy Elledge (13), Wyatt Miller (7), Callahan Davis (16), Claudia Davis (13), and Isla Rose Earnhardt (11 months); her brothers Robert Gee (wife Beverly) and Jimmy Gee; and her beloved Pekingese dog, Scully.

Memorial contributions may be sent to Piedmont Animal Rescue or Hospice and Palliative Care of Iredell.

Nashville Fairgrounds promoters respond to claims of contract breach

Fairgrounds Speedway Nashville
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Last week Claire Formosa, the VP of Fairgrounds Speedway Nashville, and a lawyer representing Formosa Productions pushed back against allegations made by the Nashville Board of Fair Commissioners that the company had breached its contract to run the track.

On April 8, the Fair Board commission sent a letter to the Formosas informing them that it was exercising a breach clause in their contract over two items: the track breaking its designated curfew of 7 p.m. on a school night and unpaid concessions commission of $31,930 from last year.

A third issue had been resolved regarding late office rent payments for the first three months of the year.

The claims by the commission come as the Formosas and Speedway Motorsports, Inc. face obstacles in their attempts to bring NASCAR back to the short track.

“To suggest that Formosa Productions breached its contract … that’s a serious allegation and I don’t believe that’s well-founded,” said Jim Roberts, the Formosa’s attorney, during the monthly Fair Board meeting on April 16.

Roberts observed that the language of the contract does not state when the concession payments are due.

“So I would submit that it’s impossible to be in breach of a contract when there are no payment schedules to find,” Roberts said.

Roberts argued concession payments would not be due until the end of the contract on March 23, 2023.

“That’s not how things are normally done, but let’s just be honest, that’s what the contract as drafted says,” Roberts said. Roberts also claimed the Formosas were not aware the concessions payments were part of the contract and that they’d never received an invoice.

“There’s been no invoicing, I think the board needs to be aware of that, no invoicing of these concessions until last week,” Roberts said, who added the Formosas asked for the invoices and received them on April 9, but that the provided invoices totaled $28,430 and not the $31,930 referenced in the April 8 letter.

The Fair Board’s letter alleged that the track broke its 7 p.m. curfew on March 27 when Kyle Busch took part in a test session for the All-America 400.

The Board claimed this violation came after a verbal warning for curfew violation on May 10 of last year. Roberts said the Formosas have no idea what event was held on that date to warrant the warning.

Regarding Busch’s test date, Roberts claimed the Formosas understood that if they received permission from the principal of a nearby school and the neighborhood association, there would be “no objection or problem” with a late track running time.

Roberts said they have a letter from the principal and the permission from the neighborhood association allowing the test.

Formosa said she had gone to the March neighborhood association meeting and was told she was cleared to go ahead with a late track rental, as long as she had the support of the school principal in the area.

Board member Jason Bergeron mentioned a series of emails from before March 27 where Formosa was told by Executive Director Laura Womack that they’d still be limited by the curfew and he noted that the principal’s permission was not part of the contract.

“She let me know and I told her ‘OK’,” Formosa said. “It was a complete miscommunication between myself and my office staff.”

With the test going beyond 8 p.m., Formosa, who was not on site, traveled to the track and shut it down by 8:17. p.m.

Bergeron said he’s heard from people in the neighborhood “that they don’t feel like they can count on that 7 o’clock curfew” when it comes to track rentals.

Formosa objected to this assertion.

“We have these monthly neighborhood meetings for this very reason,” Formosa said. “I can tell you that I never heard an issue raised by either one of the neighborhood associations. If there were issues raised, this is certainty the first time I’m hearing about them.”

K&N Series’ Jagger Jones, Don ‘Snake’ Prudhomme pair up for Baja race

Photos: Richard Shute/Auto Imagery
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Jagger Jones is going to spend Spring Break not in Daytona Beach or Fort Lauderdale – but he’ll be seeing a lot of sand nonetheless.

About 1,300 miles worth.

The 16-year-old rookie NASCAR K&N Pro Series West driver will be taking part in his second consecutive National Off-Road Racing Association 1000 off-road race (also known as the Mexican 1000) from April 28 – May 2 in Baja California, Mexico.

Sitting alongside Jones and splitting driving duties will be legendary drag racer Don “Snake” Prudhomme, who will also be competing in his second Mexican 1000.

It’s not an easy race, for sure,” Jones told NBC Sports. “It’s long, it’s five days, it’s hot, the end of April and the start of May. Don really liked being in last year’s race, but I could tell he was unsure if he was up to do it again. Then my dad and I threw out the deal where we split the race and Don was on-board with that. We both just jumped on that idea.”

MORE: Don ‘Snake’ Prudhomme pairs with Parnelli Jones’ grandson for Mexican 1000

While other teenagers may be intimidated to be paired with one of the most legendary names in motorsports, Jones isn’t. He’s used to being around iconic racers, most notably his grandfather, Parnelli Jones. And his father, P.J., is not only a noted racer himself, he also built the Polaris off-road buggy that his son and Prudhomme will drive in the 1000.

It’s really cool to be able to do a race with the one and only Snake, who has been such a legend in the drag racing community,” Jones said. “I’m only 16 years old, so I think it’s pretty awesome.

I’ve always been around the off-road scene and watched my dad do a lot of races off-road. I grew up around Robby Gordon and off-road places like Parker (Arizona), where we always go there every year and go camping. I’ve always wanted to do off-road racing. My brother and I both enjoy it. It’s a lot of fun and a lot of different than the pavement stuff. It’s really fun when you’re sideways and stuff.”

Prudhomme is looking forward to racing with Jagger.

Doing it with Jagger, he’s a young, real aggressive driver and he’s really fast,” Prudhomme said. “I couldn’t think of a better kid to be my co-driver.”

Jones is able to take part in the Mexican 1000 because the K&N Series West is on a six-week hiatus, his next race not being until May 11 in Tucson.

He’s done well in his first two K&N races, finishing runner-up in his series debut at Las Vegas (was knocked out of the lead on the final lap) and fourth at Irwindale Speedway.

Jones sits tied for third in the K&N West standings, three points behind series frontrunner Hailie Deegan.

I think we’ve had a great start to the season,” Jones said. “It was definitely a bit of a learning curve, but … so far for a rookie season, I don’t think it’s too bad of a start.”

Jones competed in last year’s Mexican 1000 with younger brother Jace. The pair were in the lead when the transmission on their off-road buggy failed, ending their hopes of a win (their father won in another class in the same race). Prudhomme finished 95th in a field of more than 150 drivers in the same event.

Much like Prudhomme feels he has unfinished business in Baja, Jones feels the same way. Now paired with the “Snake,” Jagger is ready to go for the win.

We definitely have a shot at winning,” Jones said. “It’s like an endurance race. First, you have to finish to win. That’s probably going to be our biggest goal.

We want to do good, but if we can just finish, I think we’ll wind up in a good place. If we finish, anything else is a bonus. To win would be awesome. My dad won last year, so if we could follow that up this year, it’d be super cool.”

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Michael Annett feels like ‘I belong here’ after best start of Xfinity career

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If Michael Annett‘s dog could talk.

The owner of three dogs, Annett has had Paisley, a miniature golden doodle, for 13 years.

That’s more than the entirety of his full-time NASCAR career, which began in 2009.

Along with his girlfriend at the time, Paisley was a passenger in Annett’s car in February during the seven-hour drive back from Daytona International Speedway a day after Annett scored his first career Xfinity Series win.

“She’s seen it all,” Annett told NBC Sports. “I’m sure she was pinching herself, too. It was just pretty special to have that time in the car, honestly. It wasn’t a bad thing I drove because it gave me those seven hours to really digest everything we did the day before is pretty special.”

Annett’s win locked him into the Xfinity playoffs, which he was unable to take part in last year in his second season with JR Motorsports. Annett and what was then the No. 5 team finished 16th in a season that saw Annett work with two crew chiefs for most of the campaign’s 33 races.

The second crew chief, the man who leads Annett’s No. 1 team now, was Travis Mack.

A former car chief at Hendrick Motorsports for Dale Earnhardt Jr. and Kasey Kahne’s crew chief at Leavine Family Racing, Mack joined Annett’s team after 19 races had been completed.

The change came as the series entered Annett’s worst stretch of races.

“He came in and we had three road courses (Mid-Ohio, Road America, Watkins Glen) and Bristol right away,” Annett said. “I told him leading up to it, ‘This is where I’m the worst, road courses. I’m sorry they’re throwing you to the wolves like this.'”

Annett didn’t finish better than 12th at the road courses, but he snagged a seventh-place finish at Bristol, his first top 10 through 22 races. He’d round out the season with three, including a ninth in the finale in Miami.

“We left Homestead everybody was just really pumped for February to come,” Annett said.

Annett approached the ensuing offseason differently than at any other point in his career.

“A lot of guys when you leave Homestead we kind of scatter,” Annett said. “Honestly, the whole offseason I was at the shop almost every day. Team lunches with guys, dinners with the guys. The crew chief, Travis Mack and I, working out every morning together. Just always bouncing ideas back and forth and if it wasn’t about racing it was team camaraderie and just building that relationship, wanting to make sure everyone on that 1 team’s going to hold the end of the rope for you if you’re hanging by it. That’s what you need, you gotta to have everybody bought into the same goal and I think just building that relationship and unity`has been a huge benefit for us.”

It didn’t just benefit Annett at Daytona.

After eight races, Annett is off to the best start of his NASCAR career. He has two top fives (Daytona and Las Vegas) and five top 10s, two shy of the seven total he had when he returned to Xfinity from Cup in 2017.

“Going to Atlanta and being fast in practice, didn’t have the best race, finished 12th. Last year at that point, man, we’d be high-fiving for a 12th,” Annett said. “Just continued to grow and it’s still continuing to grow. We’re not even close to where we want to be right now.”

Annett’s performance in 2018 came back to bite him early in the season when two of the first three races had qualifying rained out. That caused the field to be established by last year’s owner points. He started 16th at Atlanta and Las Vegas.

As a result Annett missed out on getting more stage points than he thought he was capable of.

“That put us in a pretty big hole right away,” Annett said. “But even those races, honestly is when we got the most (12 total). It’s hard to say. I’m not a genie or anything, but I feel like we’d have more bonus points at this point, but I still feel like those were some of our best races for some reason.”

With his Daytona win and being locked into the playoffs, Annett’s team has taken gambles he’s never been able to, like staying out on old tires in the middle of Stage 1 at Richmond. It didn’t work out and Annett finished the race in 13th.

“It took a little bit (of adjusting) just because I was hungry for those top fives and when you don’t have a top-five car you know if it doesn’t work out you’re going to be outside the top 10,” Annett said. “That part’s been tough. Really had to get in my head and figure out what’s going to help us go through rounds in the playoffs. Once I really got that in my head it was easy.”

What has Annett learned about himself as a driver in the months since Mack was brought on board?

“I think that just that I belong here,” Annett said. “At some point you beat yourself down long enough you start to wonder if you remember how to drive a race car or if you belong. But once you start to show that consistency and you’re passing cars that you know that could have a chance to win a race and you’re driving by them, it’s moments like that. When you’re driving past race-winning cars that’s when you start to get that confidence and ‘Yeah, you still remember how to do this.'”