Tony Stewart has suffered a setback related to the civil lawsuit filed against him by the family of Kevin Ward Jr.
U.S. district judge David Hurd on Tuesday ruled that racing liability waivers signed by Ward do not protect Stewart against wrongful death claims by Ward’s family, according to an ESPN report.
The judge’s decision tosses out a bid by Stewart’s lawyers to dismiss the suit, and also leaves Stewart open to having to undergo a potential jury trial in the civil case.
Ward, 20, was killed when struck by Stewart’s sprint car during a race on Aug. 9, 2014 at Canandaigua Motorsports Park in upstate New York.
Ward’s family filed the federal lawsuit against Stewart nearly a year later after the incident, claiming the retired three-time NASCAR Cup champ was reckless and negligent in the way he operated his sprint car in the race.
Stewart avoided criminal charges when a grand jury chose not to indict him. However, Ward’s family has proceeded with the civil case against Stewart, alleging he intentionally swerved at Ward to intimidate him, but instead struck and killed him in the process.
Stewart’s attorneys had sought dismissal of much of the civil case against him, but Tuesday’s decision will allow the case to go forward. No trial date has been set but that doesn’t rule out the possibility of an out-of-court settlement before then. According to the ESPN report, both sides have been negotiating a potential settlement for the last several months.
Ward was found to have been under the influence of marijuana at the time of the incident, and both he and his father signed standard liability waivers before the race.
While the civil suit can now go forward to potential trial, there’s also the possibility that a jury could ultimately decide to dismiss the suit because Ward had an “assumption of risk” when he climbed out of his race car and proceeded down the racetrack and into the path of Stewart’s race car while cars were still running on the racetrack under a caution flag.
Jimmie Johnson is in his 17th year of full-time Cup racing and is in the midst the longest winless streak of his career at 42 races.
But the seven-time champion’s competitive drive is as strong as ever.
Johnson sat down with NBC Sports’ Dale Jarrett to discuss his career at this point in the latest edition of Driver-to-Driver.
“I can honestly say I spend more time now than I did my rookie year focusing on my job,” Johnson said. “I think that the support I have from my wife (Chandra), my kids are 7 and 4, to have them watch me be passionate about something has another meaning I didn’t anticipate coming. I’m lovin’ what I’m doing. I wish the results were a little better than what we have right now, but the process of what I’m going through is really fun.”
Hendrick Motorsports as a whole is in a slump. The team is in the middle of the second longest winless streak in its history at 35 races.
Johnson admits it’s hard to know when the right time will be for him to retire.
“The thing I can pull out of it is, don’t pick a number, make sure that fire’s gone out and that fire hasn’t gone out,” Johnson said. “The other thing that’s weighing on me, I don’t want to go out not at my fullest potential and not on my terms. The last thought that’s going to run through my mind is to walk away or, ‘Oh, it’s not going right, time to stop.’ Uh uh. I know I still got it. I’m going to go down swinging. I’ve got a lot to prove still.”
Watch the above video for more.
The Foxwoods Resort & Casino 301 at New Hampshire Motor Speedway is in a rain delay.
The race was scheduled to begin at 1 p.m. ET. The start time had been moved up from 2 p.m. ET due to the threat of weather.
Kurt Busch is on the pole and Martin Truex Jr. will start second.
Check back for more.
Here’s a look at who the NBC Sports staff is picking to win today’s Cup race at New Hampshire Motor Speedway.
Denny Hamlin. The Joe Gibbs Racing driver rediscovers his magic here and locks into the playoffs.
Martin Truex Jr. wins back-to-back races for the first time in his career.
Kevin Harvick earns a career-best sixth win of the season.
Martin Truex Jr. is getting into the same groove he had last year. This week he catches Kevin Harvick and Kyle Busch. Next week, he starts to pull away,
The Cup Series holds its only race of the year at New Hampshire Motor Speedway today with the Foxwoods Resort & Casino 301.
Kurt Busch starts on the pole and Martin Truex Jr. starts second.
Here’s all the info you need for today’s race.
(All times are Eastern)
START: The command to start engines will be given by Jean Swift, treasurer of Mashantucket Pequot Tribal Counsel, at 12:51 p.m. The green flag is scheduled to wave at 1 p.m.
DISTANCE: The race is scheduled for 301 laps (318.46 miles) around the 1.058-mile track.
STAGES: Stage 1 ends on Lap 75. Stage 2 ends on Lap 150.
COMPETITION CAUTION: Lap 35
PRERACE SCHEDULE: Garage opens at 7:30 a.m. Driver/crew chief meeting is at 11 a.m. Driver introductions are at 12:05 p.m.
NATIONAL ANTHEM: Vanessa Salvucci will perform the anthem at 12:45 p.m. The Canadian National Anthem will be performed by Kirk Young at 12:42 p.m.
TV/RADIO: NBCSN will broadcast the race beginning at 1 p.m. Coverage begins at noon with Countdown to Green on NBCSN. Performance Racing Network’s radio broadcast begins at noon p.m. and also can be heard at goprn.com. SiriusXM NASCAR Radio will have PRN’s broadcast.
FORECAST: wunderground.com calls for a high of 70 degrees and a 78 percent chance of rain and storms at the start of the race.
LAST TIME: Denny Hamlin won this race last year over Kyle Larson. Kyle Busch won the playoff race over Larson.
TO THE REAR: Landon Cassill (backup) and Michael McDowell (backup).
STARTING LINEUP: Click here for the complete starting lineup.