Tony Stewart sued for wrongful death by Kevin Ward Jr.’s family

The family of Kevin Ward Jr. filed a wrongful death lawsuit Friday against Tony Stewart, who struck and killed Ward with his sprint-car during a race in upstate New York nearly one year ago.

Stewart and Ward were involved in an incident during an Aug. 9, 2014 race at Canandaigua Motorsports Park when Ward began walking towards the bottom of the track gesturing towards Stewart, whose car then struck Ward with the right rear tire, killing the 20-year-old.

An autopsy determined Ward died from massive blunt force trauma, while a toxicology report found enough marijuana in Ward’s system at the time of his death to impair his judgement. Stewart was cleared of any criminal wrongdoing when an Ontario County grand jury declined to charge him with criminally negligent homicide or second degree manslaughter.

The lawsuit contends Stewart “could have easily acted reasonably and with prudence to avoid striking” and “caused Mr. Ward’s death by acting with wanton, reckless and malicious intent and negligence.”

The amount of damages being sought is not listed. New York law states an aggrieved party can only attempt to collect for the expected future income Ward would have earned and not for any pain and suffering the family incurred.

Ward’s family is requesting a trial by jury.

“Our son was truly the light of our lives and we miss him terribly every day,” Ward’s parents, Kevin and Pamela, said in a joint statement Friday. “Our hope is that this lawsuit will hold Tony Stewart responsible for killing our son and show him there are real consequences when someone recklessly takes another person’s life.”

Representing the Ward family is Mark Lanier of The Lanier Law Firm in New York. The lawsuit was filed in Lewis County Supreme Court in Lowville, N.Y., 165 miles northeast of Watkins Glen International where Stewart is scheduled to race in a NASCAR Sprint Cup Series event Sunday -- the one-year anniversary of Ward’s death.

“Kevin Ward would be alive today if not for the reckless and dangerous actions of Tony Stewart, who eventually will have to answer for what he did,” Lanier said in a statement. “The past year has been extremely difficult for Kevin’s mother and father, and they’re still trying to cope with their unimaginable loss.”

Stewart’s attorney is James Voyles, whose previously represented Indianapolis Colts owner Jim Irsay, two-time Indianapolis 500 winner Al Unser Jr., former college basketball coach Bob Knight, boxer Mike Tyson, basketball player Stephen Jackson in addition to several professional athletes in the Indianapolis area.

Stewart has repeatedly maintained that Ward’s death was an accident. Immediately following the incident, Stewart said he became a recluse only leaving bed to shower and use the restroom. He missed three Cup Series races dealing with his grief and upon returning said, “This is a sadness and a pain I hope no one ever has to experience in their life.”

Stewart has spoken little about the accident publicly. But he addressed the incident and the impact it’s had on him during press conference Wednesday at Texas Motor Speedway.

“I’m trying not to think about it,” Stewart said. “Unfortunately, I have a feeling it is going to get brought up a lot this week. It doesn’t help you to move forward.

“I don’t know how anybody ever could be back to exactly the way they were. But not being back exactly the same as I was doesn’t mean I can’t become better in some ways. I think there are always positives that come out of every scenario.”