|Pam and Kevin Ward, Sr.|
Ward died on August 9 of last year at New York’s Canandaigua Motorsports Park., after climbing from his damaged race car and walking across the track under caution, in an apparent attempt to confront Stewart. He was struck by the right-rear wheel of Stewart’s car and died of blunt force trauma.
His family filed suit recently seeking unspecified monetary damages for wrongful death, reckless conduct, gross negligence and the suffering allegedly experienced by Ward between the time of the collision and his death.
“I wish he wouldn’t have gotten out of the car. More than anybody,’’ said Pam Ward today. “But I also acknowledge the fact that if Tony would have stayed low on the track and not gunned his engine and headed for my son, my son would still be here.
“We want (Stewart) accountable,” she said. “The civil suit is the only action we have left. … I don’t feel Tony meant to kill my son, but his actions killed my son. I think he lost his temper.’’
A grand jury in Ontario County, NY ruled in September that there was insufficient evidence to file criminal charges against Stewart. District Attorney Michael Tantillo revealed that a post-mortem toxicology report showed Ward had used marijuana in the hours before his death, “enough to impair judgment.”
Pam Ward disputed those findings today, telling Good Morning America, “I do not believe my son was impaired.’’
Stewart has not commented on the lawsuit.