Friday, August 07, 2015

COMMENTARY: Timing Of Ward Lawsuit Is Difficult To Swallow

The family of Kevin Ward, Jr. surprised virtually no one today with the filing of a wrongful death lawsuit in Lewis County (NY) Supreme Court against former NASCAR Sprint Cup Series champion Tony Stewart.

The suit concerns the August 9, 2014 death of Ward, a 20-year old Sprint Car driver who died after being struck by the right-rear tire of Stewart’s Sprint Car at Canandaigua Motorsports Park in upstate New York. Ward and Stewart touched wheels on the previous lap, causing Ward’s car impact a retaining wall. Ward climbed from his disabled vehicle and walked across the racing surface – presumably to confront Stewart – before being struck.

The lawsuit filed by his family today seeks unspecified monetary damages for wrongful death, reckless conduct, gross negligence and suffering allegedly experienced by Ward on the night of his death. It accuses Stewart of acting “with disregard for Ward's life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward."
In short, it accuses Stewart of attempting to frighten – and possibly even kill -- Kevin Ward.

Last September, a Grand Jury in Ontario County, NY, declined to charge Stewart with a crime, citing insufficient evidence of criminal misconduct or negligence. The county’s District Attorney went a step further, saying a review of the evidence showed "no aberrational driving" by Stewart. That decision will have no impact on the civil suit filed today, however, since the burden of proof for civil cases in considerably lower.

If this case goes to trial, the jury will be tasked with determining a percentage of liability for both Stewart and Ward. Even if they determine that Stewart did not intentionally or carelessly strike Ward, then can still assess him a percentage of the blame. Often, cases of this type involving a high-profile personality such as Stewart do not go to trial. Insurance companies and attorneys counsel clients to cut their losses, avoid the harsh media spotlight of trial and settle the case without ever stepping into a courtroom.

The end result of this lawsuit remains to be seen. Not knowing anything more than what is discernable by watching a couple of grainy YouTube videos, it is impossible for me (or you, for that matter) to determine the rights and wrongs of this case. I will never know what Tony Stewart was thinking on that fateful night in New York. I’m not even sure what Kevin Ward, Jr. was thinking, though “anger” did seem to be part of his thought process.

The Ward family is entitled to its anger. They buried a son, and the pain associated with that act is unfathomable. Wendi Ward, aunt of Kevin Ward Jr., sent an open letter to USA Today in the days following the incident, saying, "Our family does not need others to determine what we feel or know about Kevin. He is our blood, our friend, our champion. Always has been and always will be.”

Commenting on a post-mortem toxicology report that showed marijuana in Ward’s system at the time of his death, she asked, “Why was the toxicology report even an issue? Seems to me the wrong man was on trial. Tell me why Tony Stewart was not taken in for testing, why his car wasn't impounded. …Tell me how a NASCAR star totally forgot what caution means.

“…People react to certain situations because of anger,” she wrote. I've seen it in NASCAR, sports functions and even on our own roads. And yes, these people have to pay for their actions.”

Clearly, the Ward family remains determined to hold Stewart responsible for the tragic death of their loved one. That is their right, and their anger is understandable, even one year after the fact. What is less understandable, however, is the timing of the case.

The Ward family knows that NASCAR is back in town this weekend, racing at Watkins Glen International. They are well aware that filing suit today – of all days -- will kick the amount of media attention they receive into instantaneous overdrive, making the death of their son -- and the allegations surrounding it -- the number-one story in motorsports.

They also know that filing suit today will place Stewart at the center of an unwelcome media maelstrom, ruining what little focus he might somehow have been able to muster on the one-year anniversary of the most horrifying night of his life.

Unless the wheels of justice coincidentally spun at the exact speed necessary for this suit to become public just as NASCAR returned to The Glen, one must assume that the timing was intentional.

Almost certainly, the Ward family and their attorney timed today’s filing to garner maximum media exposure, as well as to maximize the amount of pain inflicted on Stewart.

That is disappointing, to say the least.

28 comments:

  1. Anonymous6:57 PM

    Very well written. I have nothing but contempt for the family for doing it at this time. My feeling is that they will not accept any settlement. They want Tony to have to testify and relive that night. Apologies for posting as 'Anonymous' I have none of the accounts listed.

    ReplyDelete
  2. What a tragic accident for all involved. How sad that the family chose today to file suit. We love you Smoke, hold your head high!

    ReplyDelete
  3. Anonymous7:33 PM

    I agree. The timing of this suit is deplorable. The media, too, could choose to not make this the number one story in Motorsports this weekend, but we know they won't. My heart goes out to Mr. Stewart. - A Canadian Fan

    ReplyDelete
  4. In many states, one calander year is the statute of limitations to file a civil suit. To wait until the last days is a popular legal strategy. Witnesses recollection of the facts can get less clear. Sometimes, they will contradict themselves. At times, key witnesses can have other trouble with the law, become iil, or even die during that time. I don't doubt that it is bad timing for Tony Stewart, and NASCAR, but what really would be a good time?

    ReplyDelete
  5. Well said, Dave and Amen to that

    ReplyDelete
  6. I Say Tony Is 20% To Blame Ward Jr. Had Marijuana in his system and should not have been out there driving

    ReplyDelete
  7. I totally agree its real sad and ignorant of them to do this niw.
    To me its all a ploy to get money fast and as much as possible

    ReplyDelete
  8. Anonymous10:38 PM

    I completely agree. The only way this filing could have been more orchestrated is if it also came with a conductor and a horn section.



    ReplyDelete
  9. Exactly my first thought when I read about the lawsuit. Their right and probably the right thing to do for them, but the timing is not a high road act. It stirs rather than heals. Reading the sister's letter saying we don't need to be told how to feel sounded like a veiled slam on the media. And now to play this card this way to maximize media exposure. Oh my
    And, take you Dave for having the fortitude to address this side of the issue.

    ReplyDelete
  10. Anonymous8:19 AM

    I am definitely NOT a Tony Stewart fan. I don't know the guy but the times I did meet him and saw him in person I was disappointed to see him be disengaged with fans and seemed as if he was on a pedestal above everyone else. As do at least 50% of other NASCAR Sprint Cup drivers seem in all fairness to Stewart. That being said; Ward was completely wrong running away from his race car and down the track further in the line of traffic. Stewart may be at fault a tiny bit because of not doing more to miss Ward but he shouldn't have been there. Not to mention as a fellow sprint car driver I can tell you it is not the easiest to see with that wing panel hanging down from the top on the right side. For all we know Stewart never even saw Ward coming down towards him.

    I think there should have been a drug test done on Stewart also post the event to keep things fair. Ward was found as mentioned in the write up with marijuana in his blood stream. As most people know that can be in your system for 30 days after smoking it; but for all we know he smoked some before the race to help stay calm. This could have played part in his decision to confront Stewart while still driving on the track. Nonetheless it's a terrible thing that happened that nobody would wish on anyone. I think the Ward family is displacing their feelings and loss going after Stewart further and should grieve in a different matter.

    ReplyDelete
  11. The cooing NASCAR media will form a protective circle around Tony, I have no doubt about that.

    ReplyDelete
    Replies
    1. Anonymous12:13 PM

      I agree Wade, The media has given Stewart a free pass on this. The one question that should be asked to Stewart is: Why did you gun the engine and swerve toward Ward Jr as you approached? It is obvious that he gunned the engine and real media would pose this question. There are no real reporter's anymore and that is a shame. It is not entirely Stewart's fault as Ward JR should not have come down the track but saying that Stewart has no fault in it when he gunned the engine and swerved is wrong. It would be like saying that if, say a disturbed person was out on a highway that then other drivers have the right to try and hit the person cause after all they are on the highway and shouldn't be. I think and hope that this civil suit will get to the bottom of the fact that Stewart gunned the engine and hold him responsible for his part in this tragic event.

      Delete
    2. Anonymous4:28 PM

      You're a moron. He did not "swerve" into Ward, and there is no way for you to know the engine sound came from his car. There were many other cars on the track at the time that were not within camera view. I guess you also believe all of those bigfoot videos are proof, too.

      Delete
  12. Anonymous9:17 AM

    Sad that being a POT HEAD who was going to show his buddies he was not taking any crap from a CHAMPION by confronting STEWART on track ended in his death.

    Also sad his family puts a monetary value on his loss , maybe they should of been a little more concerned in his drug habit .

    I have no use for DRUGS or those that seem the need to partake in them to get through life and a RACETRACK is no place for a drugged up driver.

    ReplyDelete
  13. Well said. One of the other issues that bothers me about this is that the Ward family is asking to be compensated for the loss of their son's potential future earnings. Since Kevin was 20, he was legally an adult. Since when do parents have a legal right to their adult children's earnings? Even if the determination is age 21, that would be at most one year of earnings, which wouldn't amount to too awfully much. But what is the legal standing for demanding an adult child's future earnings?

    ReplyDelete
  14. Anonymous12:06 PM

    Instead of judging the Ward family try and put yourself in their shoes, and keep in mind the Ward family's lawyer is telling them how and when to do things.

    ReplyDelete
  15. Anonymous12:56 PM

    Personally to me it sounds like this family is just out for the money. As for the aunt asking what it mattered that Ward had marijuana in his system? Why do you think it matters, it shows that he was not in the physical condition to even be driving a race car. I feel bad for Tony as I am quite sure he has not forgotten what happened one year ago, and to have to deal with this now is not going to help him heal one bit.

    ReplyDelete
  16. Anonymous1:33 PM

    I have to believe that Tony Stewart and his "camp" expected this lawsuit at some point and had to be expecting it to be filed when NASCAR teams returned to the area when it had not been filed in the year previous. I also have to believe that in expecting a lawsuit at some point that Tony Stewart's lawyers have been investigating, interviewing and preparing - just like the Ward family's lawyers have been trying to dig up every bad thing they can about Stewart. I, too, believe that all parties will take the quick settlement because insurance companies don't want the expense of trial. I know the family is hurt and angry but a guy wearing black charging angrily down a dimly lit track does not show good judgment. They'll settle but I don't see how Tony Stewart can be seen as at fault when none of this would have happened if Ward had stayed with his car.

    ReplyDelete
  17. Anonymous1:53 PM

    Poor Tony Stewart. Always the victim.

    ReplyDelete
  18. Anonymous9:11 PM

    https://www.youtube.com/watch?v=Zsyx5dzKGjg Here's a slow motion video of the whole incident. Tony never touches Kevin's car, he spins into the wall by himself. Tony never saw the wreck and had no idea what Kevin was doing in the middle of the track. You can see Kevin grab the wing of Tony's car and ride a bit before getting thrown to the ground. Tony never touched him, it was purely Kevin's mistake to get out of the car, confront Tony and then attempt to jump on his car.

    ReplyDelete
  19. Anonymous11:19 PM

    Well written Dave ...Far kinder than anything I have to say about the money grabbing ward's..Perhaps the dad should have taught his son to control his temper as a spoiled child full of entitlement ..I wish Tony would fight this to the bitter end instead of supporting the attitude of the quick cash grab because the guy has a few bucks...Walking on to a dark-nighttime track situation in anger (& with a buzz on) has cost Tony more than enough already..As for the ward family Despicable & Disgusting in this unnecessary tragedy...As for Dave -I wish I had more of your ability & understanding..& for those attacking Tony(expect some are ward family & friends) I really respect your anonymous tag lines..Earner

    ReplyDelete
  20. Anonymous12:30 AM

    There's another piece of video on youtube showing a different angle of the accident, from high up on turn two, looking down at the track, with the cars being seen from the back as they go by.

    In it you can clearly see Kevin Ward walking up, grabbing the side panel of the wing of Tony's car, & then getting pulled under the rear tire.

    Like Tony or not, he is 100% blameless in this tragic accident. The ONLY one to blame is Kevin Ward. Due to his stupid actions, he essentially killed himself. It's time the family, (& their lawyers), realized this, moved on, & let it go.

    ReplyDelete
  21. Dave, they hired Houston Attorney Mark Lanier; who in legal circles amount to a cross between Donald Trump and one of those preachers who makes millions of dollars on TV. He preaches his christian values but hires Sting to play parties at his Houston Masion for a price of a million dollars. Not very humble man of god. It was a pure tactic to file the suit this week.

    ReplyDelete
  22. Anonymous12:41 PM

    Tony will settle the suit. Once he gets an understanding of the rules in a deposition (how anything and everything can be asked and answered) he'll settle.

    ReplyDelete
  23. Tactic or no tactic regarding timing of the lawsuit, what surprises me is that people seem surprised that a suit was filed. I've never been able to stomach the excuses advanced in Tony Stewart's favor, especially the ones trying to somehow make Kevin Ward guilty. Stewart should settle because whether or not the original grand jury found no basis for an indictment there was nothing in his actions that in any way excuse not being vigilant for someone on foot under caution at a racetrack - something ALL racers understand - and instead striking and killing another racer. He can't defend what he did, I'm sick of others trying to do just that.

    ReplyDelete
  24. Doug M.10:53 AM

    The thing that continues to amaze me in all of this is that the Ward family seems to think that it was Kevin's right to jump out of his car and charge Tony's. If Ward stays in his car, or beside it, this never occurs.

    ReplyDelete
    Replies
    1. Ward did so because he fully expected Tony Stewart to be vigilant for people on foot under caution. The truly amazing aspect is the excuses people continue to conjure up to defend the indefensible. Stewart was at fault and people need to stop denying that.

      Delete
    2. Where is your proof that Stewart did this intentionally? were you in the car? were you at the racetrack when it happened? were you reading Stewarts mind as he was driving? in other words, stfu

      Delete