Kevin Ward Jr. family lawyer dismisses Tony Stewart's claim
The attorney for Kevin Ward Jr.’s family Saturday dismissed Tony Stewart’s response to the wrongful death civil lawsuit brought by Ward’s parents earlier this month.
“Stewart and his lawyers should have watched the videos and listened to the audio before filing their court papers,” Mark Lanier, the Ward family’s lead attorney, said in a statement released to USA TODAY Sports on Saturday.
“If Stewart didn’t see Ward until just prior to impact, Stewart doesn’t look where he’s driving. Five other drivers easily avoided Ward, and Stewart revved his engine and hit him. As for whether Ward had smoked marijuana a few days before the race, that doesn’t give Stewart the right to run Kevin over. Furthermore, Stewart never submitted to a drug test after killing Kevin.”
In response to the suit, Stewart's lawyer, Brian Gwitt, said in court papers Friday that Ward was impaired by marijuana and died because he exited his car during the race.
"Stewart was not aware that anyone had exited their vehicle," Gwitt wrote, adding that his client "did not see Ward Jr. or anyone else walking on foot on the track until just prior to contact, and did not know the identity of the person walking on the track until afterward."
Stewart and Ward, 20, were competing in a sprint car race.
In Stewart’s response, he also claims that Ward’s father, Kevin Sr., the owner of the race car, should not have allowed Kevin to use marijuana before the race.
Stewart was cleared of criminal charges after the crash, but the Ward family filed the civil suit in U.S. District Court in Utica, N.Y., seeking unspecified financial damages for Kevin Jr.’s pain and suffering and the economic benefits he could have provided the family.
Ward Jr. was killed when he climbed from his race car and gestured toward Stewart as Stewart’s car approached during a caution period. Ward had crashed, causing the yellow flag. Stewart’s car hit Ward, who died of blunt force trauma.
A toxicology report revealed that Ward had used marijuana within five hours of the race. The local district attorney said the marijuana level was high enough to impact Ward’s actions during the race.
Stewart has called the wreck “100 percent an accident.”
In his response to the lawsuit, Stewart claims he was not aware that Ward Jr. had crashed or that anyone was walking on the track. “Ward, Jr. approached Stewart’s car and attempted to make contact with it. As a result of Ward. Jr.’s actions, Ward, Jr. was killed,” the response said.
A date for the trial has not been set.
Contributing: Associated Press
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