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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Bristol Motor Speedway issues statement on fan confronting Kyle Busch (video)

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Bristol Motor Speedway issued a statement Monday in regards to a fan confronting Kyle Busch after Saturday night’s race.

The track stated:

“Our security team has investigated a post-race incident where a guest repeatedly confronted Kyle Busch verbally and physically while he was signing autographs for fans. As Busch then prepared to leave in his golf cart, the individual struck the driver across the chest, and at that time, Busch confronted the individual. The two were separated quickly and a uniformed officer pulled the individual to the side, allowing Busch to depart.”

A NASCAR spokesperson told NBC Sports that the sanctioning body was aware of the incident and discussed it with police.

NASCAR America at 6 p.m. ET: Bristol recap, Robert Wickens injury update

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Today’s episode of NASCAR America airs from 6-7 p.m. ET on NBCSN and reviews all the big stories from the weekend at Bristol Motor Speedway.

Carolyn Manno hosts with Dale Jarrett and Parker Kligerman from Stamford, Connecticut. They will be joined by Nate Ryan via phone.

On today’s show:

  • This past weekend, all the buzz was around the Busch brothers – Kurt for snapping a 58-race winless streak, and Kyle for enduring a season’s worth of events in one crazy night. We’ll cover all the angles from the memorable Bristol night race. Plus: With Chase Elliott continuing his hot run with a third-place finish, has he become the top challenger to NASCAR’s “Big 3”?
  • The countdown to Throwback Weekend at Darlington continues! Check out Denny Hamlin’s vintage look for the upcoming Southern 500, which draws on his own history in the sport.
  • And we’ll have the latest updates on injured IndyCar driver Robert Wickens, who was hospitalized in a brutal crash that overshadowed Alexander Rossi’s victory Sunday at Pocono.

If you can’t catch today’s show on TV, watch it online at http:/nascarstream.nbcsports.com. If you plan to stream the show on your laptop or portable device, be sure to have your username and password from your cable/satellite/telco provider handy so your subscription can be verified.

Once you enter that information, you’ll have access to the stream.

Click here at 6 p.m. ET to watch live via the stream.

Denny Hamlin throwing way back to his short track days for Southern 500

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Denny Hamlin will join the ranks of Cup drivers who will drive their own throwback paint schemes in this year’s Southern 500 (Sept. 2 on NBCSN).

But unlike Kurt Busch, Jimmie Johnson, Kasey Kahne and Derrike Cope, Hamlin’s paint scheme has never been run in Cup.

Joe Gibbs Racing unveiled Hamlin’s scheme Monday, revealing that his No. 11 Toyota will look like the No. 11 mini-stock Hamlin drove in 1997 when he competed on short tracks in his home state of Virginia.

MORE: Southern 500 paint schemes

MORE: Denny Hamlin’s Xfinity scheme for Darlington

On the car will be the logo for Chesterfield Trailer & Hitch, the company his parents owned and that helped keep his racing dreams alive.

Hamlin is the defending winner of the Southern 500.

Watch the video below to learn more about the scheme and Hamlin’s early days of racing.

Kurt Busch: ‘I haven’t decided’ about NASCAR future

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Where will Kurt Busch race in 2019?

Busch’s current co-owner, Gene Haas, claims to be in the dark about the future of one of his four Cup drivers.

“I really think you need to talk to Kurt Busch and Chip Ganassi and Jamie McMurray. I think they know more than we do,” Haas told SiriusXM NASCAR Radio Saturday night, not long after Busch’s first win of the season and a week after it was reported that the 40-year-old driver would leave Stewart-Haas Racing for Chip Ganassi Racing’s No. 1 car next year.

After claiming his 30th Cup Series win, Kurt Busch said he hasn’t made any commitments to where he’ll be racing in 2019.

“I haven’t decided and there’s time, that’s in our favor,” Busch told SiriusXM NASCAR Radio.

Busch, the 2004 Cup champion, has driven for SHR since 2014 and accumulated six wins, including the 2017 Daytona 500. Saturday night’s win snapped a 58-race winless streak for the No. 41 Ford and secured Busch a spot in the playoffs with teammates Kevin Harvick and Clint Bowyer.

“Drivers have a right to do what they want,” Haas said. “We have expectations, they have expectations and sometimes you can’t all make them meet up to have a favorable outcome. I’ve been doing this a long time. It’s not that it’s personal or anything, it’s just that this is racing. Kurt’s been with us for (five) years. It’s been an interesting time and we’ve had a lot of good time. We won Daytona last year. There’s a lot of good that came out of it. Just like you make changes to cars, sometimes you make changes to crews, sometimes drivers change. I don’t read a lot into it. I don’t have any animosity. Who knows? There’s the possibility he could be driving with us next year. At the moment, the rumor mill knows all.”

It’s the second year in a row Busch’s future in the No. 41 Ford has been in doubt.

Last year, Busch signed a one-year deal in December after SHR declined to pick up his option in August. Busch said then that he also was exploring rides with other teams and that he had offers.

Following the report about his potential departure for Ganassi, Busch said the week leading up to the Bristol race “was tough.”

“There’s not anything to announce or anything to do,” Busch said. “So we’re going to go enjoy this off week and that’s what I’ve asked everybody to do and we just have to have clarity as we move forward. They know I’m a winner. I know they’re a winner. We’ll see how it all plays out.”

Busch’s Bristol win was significant personally, not just because it ended a long winless streak and got him into the playoffs.

He reached a goal he set for himself 19 years ago at the start of his Cup career.

“I always wanted to get to 30 (wins),” Busch said. “This is a big win for me. I grew up at Roush Racing watching a guy named Mark Martin help me. He was a great mentor. I looked up to him as a racer. He had 33, 34 wins (at the time). I think he might have ended his career with 40. Early on, before I won my first ever race, (I thought) If I can get to 30, that’s a pretty special career. Made it tonight. I’m choked up about it. I really love this win tonight. To have six Bristol trophies is special.”

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