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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BJ McLeod, Live Fast team move to Chevrolet

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Driver/owner BJ McLeod and Live Fast Motorsports will race in Chevrolets beginning with the 2023 NASCAR Cup Series season.

Based in Mooresville, North Carolina, Live Fast has been a Ford team.

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Live Fast is owned by McLeod, Matt Tifft and Joe Falk. Jessica McLeod, BJ’s wife, is the team’s chief operating officer.

“Our team is excited to make this transition to Chevrolet,” BJ McLeod said in a statement released by the team. “Chevrolet Camaros have proven great success on the track, and Live Fast Motorsports is looking forward to becoming a part of this advance.”

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The team will use ECR engines.

McLeod had one top-10 finish in 29 starts in the Cup Series last season.

Dr Diandra: Delving deeper into 2022 NASCAR season statistics

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As I discovered earlier this year, cautions don’t capture everything. Sometimes drivers spin, crash, lose wheels or blow tires, but racing continues. Cautions are inaccurate proxies for counting these incidents.

Improving accuracy requires re-visiting each race in detail to find those incidents that didn’t produce cautions.

So that’s what I did.

Non-caution incidents

I use the same categories for non-caution incidents as for cautions. Only incidents significant enough to cost drivers spots count, regardless of where in the field they happen. I don’t claim to have found every incident, but I think I caught most of them.

The table below summarizes my counts for caution and non-caution incidents in the 2022 Cup Series.

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Non-caution incidents comprise 30.1% of total incidents. The percentages, however, vary widely within categories.

For example: While non-caution accidents are just 14% of all accidents, non-caution spins are almost 40% of the total spin count.

Non-caution incidents by race

The graph below shows total incidents — caution and non-caution. I show the races in chronological order from left to right. The totals do not include planned cautions.

The largest number of non-caution incidents happen at road courses. These tracks’ length and sprawling nature allow drivers to recover from a spin or accident without drawing a caution.

  • The Indy road course had the highest overall number of non-caution incidents — nine spins, six accidents and one car on fire. That comes to a total of 16 non-caution incidents and three natural cautions.
  • COTA had the second-highest total of non-caution incidents with 13 — two accidents, nine spins, one tire issue and one wheel issue. Seven natural cautions bring COTA’s incident total to 20.
  • Bristol’s asphalt race came in third in total incidents. Although all of the accidents, spins and stalls recorded there caused cautions, six tire issues and five wheel issues did not. Bristol wins the award for most non-caution incidents at an oval.

Road courses accounted for one-third of all spins in 2022. Capturing total spins is important because spins indicate how easy it is to lose control of the car.

The first third of the season tallied 34 spins. The number rose to 40 in the second third, but fell to 25 in the last 12 races of the year. The numbers from the first two-thirds of the season included 10 spins each at COTA and the Indy Road Course.

The strong dependence of spins on track type makes it hard to draw a conclusion about whether drivers improved their ability to manage the car during the year.

Tires blown

The Next Gen’s symmetry makes the car harder to turn, which demands more from the tires. Crew chiefs also gained the ability to adjust rear camber. Goodyear reported force spikes of 200 to 300 pounds in the tires. Force spikes load a tire quickly, which can lead to blowouts.

I only counted situations in which it was clear that the tire went flat before any other incident, like a spin or accident. If it was possible that another incident caused the tire to blow, I didn’t include it as a tire issue.

I counted a total of 59 blown tires in the 2022 season, which includes those that caused cautions and those that didn’t.

Teams used around 26,600 tires this season. The 59 tire failures represent about 0.2% of all tires run.

Christopher Bell and Austin Cindric had the most blown tires with five each. Bell’s teammate Martin Truex Jr. had four. Tyler Reddick, Ryan Blaney, Chase Briscoe and Daniel Suarez each had three.

Joe Gibbs Racing’s four cars totaled 13 blown tires or 22% of the total number. Hendrick Motorsports, with the same number of cars, had eight blown tires, while Stewart Haas Racing had only six.

The Bristol asphalt race had the most tire issues, with 13. Texas came in second with eight and Kansas third with five. Atlanta, which was repaved and reconfigured, had six tire issues across its two races.

The number of tire issues at Kansas decreased from five in the first race to two in the second. I expect the overall numbers to go down next year as crew chiefs use what they’ve learned this year to refine their setups.

Wheels lost

The Next Gen’s single-lug wheel challenged pit crews, despite built-in indicators that confirm when a wheel is properly tightened. I counted 13 times cars had to back up on pit road to deal with a loose wheel and 19 times cars pitted right after a tire change to re-tighten wheels.

The four-race suspension for crew chief and pit crew members makes teams extra cautious.

I counted 14 wheels coming off cars during the 2022 season. Seven merited cautions. The remaining seven either happened on pit road, or a car that lost a wheel on track was able to make it back to pit road.

Fourteen wheels is 0.05% of all tires used. Again, this number reflects human error more than any design flaw in the wheels. More concerning to me are the handful of stops where teams couldn’t get wheels off cars. For example, debris between the wheel and hub at Darlington ended up costing Ross Chastain four laps.

The good news is that fewer wheels left cars as the season went on.

  • Eight wheels came off cars in the first third of the season.
  • Four wheels were lost in the second third of the season.
  • Only two wheels failed to stay on in the final third of the season.

As is the case for most statistics in the first year of a new car, these numbers will become more meaningful next year, when they’ll serve as benchmarks.

Goodyear renews agreement to remain NASCAR tire supplier

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NASCAR and Goodyear have entered into a new multi-year agreement maintaining Goodyear’s role as the exclusive tire for NASCAR’s top three national series. 

Goodyear also will be the title sponsor for the Cup race at Darlington Raceway in May 2023. Goodyear and NASCAR’s relationship dates back nearly 70 years and is one of the longest-running affiliations in any sport.

“From our manufacturing plants to offices around the world, racing is ingrained in our culture, and the importance of our relationship with NASCAR is reflected in the quality, performance and engineering we put into every Goodyear Eagle race tire,” said Richard J. Kramer, chairman, chief executive officer and president at Goodyear, in a statement. “Our performance on the racetrack plays an active role in the success of the sport and inspires the development of our consumer tires, fueling our commitment to take performance and innovation to the next level.”

Goodyear produces more than 100,000 tires for NASCAR’s top three series each year at Goodyear’s global headquarters in Akron, Ohio.

“Goodyear has been a trusted partner to the NASCAR industry since 1954, playing a critical role in our shared pursuit to deliver the best racing in the world,” said Steve Phelps, president of NASCAR, in a statement. “For more than 25 years, Goodyear Eagle tires have been the only component that connects the stock car to the racetrack. Our continued partnership will allow us to push boundaries and innovate our racing product for generations to come.”  

Jes Ferreira selected as Comcast Community Champion of the Year

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Comcast announced Jes Ferreira as the 2022 Comcast Community Champion of the Year Award, the eighth to receive the annual award. Among all the turmoil of the pandemic, Ferreira looked for an opportunity to give back. Despite her heavy workload, she decided to take on an even heavier challenge, becoming a foster parent to two young girls. 

“I am overwhelmed, humbled, and blown away to be recognized as the Comcast Community Champion of the Year,” said Jes Ferreira, 2022 Comcast Community Champion, “the amount of support this will provide for the Charlotte foster families ensures the best services for these children. I hope this sheds light on the foster community and encourages everyone to support in many different ways.” 

Ferreira, originally earned a foster license to become a foster parent for one child, but a few months later, the child’s younger sibling needed a new foster home. Although Ferreira, Senior Director of Live Shows for CSM Production, already had a crazy work schedule which included traveling to the race track most weekends on top of fostering one child as a single parent, she knew without a doubt these two siblings deserved to be together while in foster care. Now two young siblings who are going through the most trying time in their lives have been reunited thanks to Ferreira. 

On any given day, there are nearly 424,000 children in foster care in the United States. In 2019, over 672,000 children spent time in U.S. foster care. On average, children remain in state care for over a year and a half, and five percent of children in foster care have languished there for five or more years.  

Ferreira’s affiliated charity is Foster Village Charlotte (FVC), an organization that allows foster parents to connect with and support each other. FVC collaborates with 16 private foster parent licensing agencies, local government, child welfare organizations and the community to serve families holistically and represent the foster family voice to Mecklenburg County Department of Social Services (DSS). 

To further honor Jes’ incredible dedication, Comcast will donate $60,000 to Foster Village Charlotte (FVC).

“Jes encompasses everything the Comcast Community Champion of the Year stands for. Anyone that is at the track knows how dedicated Jes is to the sport of NASCAR and, we are so glad we expanded the eligibility for this award so we can uncover and honor the compassion, selflessness and generosity Jes provides off the track, and that is what makes this honor so special, ” said Matt Lederer, Comcast’s Vice President, Brand Partnerships and Amplification.  

 Ferreira, was chosen by a panel comprised of Comcast and NASCAR executives, as well as Curtis Francois, the 2021 Comcast Community Champion, who received the award for his work with the Raceway Gives Foundation 

For the first time, Comcast opened the eligibility for anyone in the NASCAR community with a 2022 annual credential or NASCAR full season license, and with this expansion, Comcast is now able to share these exceptional stories.   

Josh Williams, driver of the #92 DGM Racing car for the NASCAR Xfinity Series and Sherry Pollex, founder of Sherry Strong, were selected as finalists and will be awarded $30,000 each towards their respective selected charities – the Ryan Seacrest Foundation and Sherry Strong. 

Comcast has a long track record of community service, aiding in the advancement of local organizations, developing programs and partnerships, mobilizing resources to connect people and inspiring positive and substantive change. To learn more about these efforts, visit the Comcast Community Impact site. 

About Comcast Corporation’s Partnership with NASCAR 

Comcast’s Xfinity brand entered NASCAR as entitlement partner of the NASCAR Xfinity Series in 2015 and is now Premier Partner of the NASCAR Cup Series. Since then, the company has donated $840,000 to more than 20 different NASCAR-affiliated organizations to honor their efforts and to help further the impact of their worthy causes. Fans can visit ComcastCommunityChampion.com to learn more about past and present finalists and their acts of selflessness.