NASCAR: Tony Stewart civil lawsuit can go forward, rules judge

By Asher Fair | Dec 13, 2017

KANNAPOLIS, NC - NOVEMBER 08: Tony Stewart, co-owner of Stewart-Haas Racing, answers questions from the media following a press conference at Stewart-Haas Racing on November 8, 2017 in Kannapolis, North Carolina. Stewart-Haas Racing introduced Almirola as their driver of the #10 Smithfield Ford for the 2018 season. (Photo by Jared C. Tilton/Stewart-Haas Racing via Getty Images) /

U.S. district judge David Hurd has delivered a setback to Stewart-Haas Racing NASCAR team co-owner and former driver Tony Stewart.

Former NASCAR and IndyCar driver Tony Stewart, who now co-owns NASCAR’s Stewart-Haas Racing, was dealt a major setback by U.S. district judge David Hurd on Tuesday in regard to the civil lawsuit that was filed against him by the family of Kevin Ward Jr.

Stewart’s car hit Ward Jr.’s car in a sprint car race at Canandaigua Motorsports Park in Canandaigua, New York back in August of 2014. As a result of the accident, Ward Jr. angrily emerged from his car shaking his fist.

As Stewart’s car approached the position on the track at which Ward Jr. had gotten out of his wrecked car, Ward Jr. made his way down the track, shaking his first at Stewart. Stewart’s car hit him, which sent him across the track. He later died from his injuries. He was just 20 years old at the time of his death.

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Ever since the tragedy occurred, the family of Ward Jr. have been seeking to sue Stewart. They filed a federal lawsuit against the former driver and current team owner almost a year after the accident occurred.

Now, Judge Hurd has ruled that the racing liability waivers that Ward Jr. signed do not protect Stewart against wrongful death claims, which means that the lawsuit has not yet been dismissed despite an attempt by Stewart’s lawyers to make that the case. However, while there still may be a trial, the fact remains that Ward was under the influence of marijuana at the time of his death, and he assumed the risk of being hit when he angrily walked down the track with cars still moving past him.

Stewart, 46, drove in the NASCAR Cup Series for 18 seasons as a full-time driver. Over the course of his career, he won 49 races and three championships. Before his Cup Series career, which is what he is most well-known for, he spent two seasons as a full-time IndyCar driver, winning the championship in the 1996-97 season.

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We will plan on keeping everyone updated with what happens next in this case involving Tony Stewart and the family of Kevin Ward Jr, as even over three years after Ward Jr.’s death, this is still a huge deal on many, many levels.