![]() The grand jury watched two videos of Stewart's car striking Ward, and Ontario County District Attorney Michael Tantillo said they showed "no aberrational driving" by Stewart before his car hit Ward. ![]() "I just know in my heart that it was 100 percent an accident," Stewart said after the Ontario County (N.Y.) grand jury decision not to charge in him in September. If the case goes to a jury, its members would have to decide whether Stewart had a duty to drive in a certain manner under caution and whether he breached that duty. The case likely will hinge on whether the Ward family can prove that Stewart has some percentage of fault in Ward's death. "Stewart acted 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." "Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag," the lawsuit states. The lawsuit contends that Stewart gunned his 700-horsepower car as he drove by Ward, causing it to slide and strike Ward with the right rear tire, tossing him an estimated 25 feet. The lawsuit does not specify the amount of damages the family is seeking in claims of wrongful death, reckless conduct, gross negligence and Ward's suffering between the time he was struck and his death. Ward was declared dead 45 minutes after being struck by Stewart's car, with the cause of death listed as massive blunt force trauma. Stewart was not criminally charged in the death of Ward, who had gotten out of his car and run toward Stewart's as Stewart drove under caution during the Empire Super Sprints race Aug. "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."Ī spokesman for Stewart said the driver had no comment. ![]() "Our son was truly the light of our lives and we miss him terribly every day," Ward's parents said in a statement. The Ward family filed the lawsuit in Lewis County Supreme Court, which covers the Ward home in Port Leyden and is about 175 miles northeast of Watkins Glen International, where Stewart practiced Friday in preparation for the Sprint Cup Series race Sunday. filed a wrongful death lawsuit Friday against NASCAR Sprint Cup driver Tony Stewart, nearly a year after Stewart's sprint car struck and killed the 20-year-old driver under caution during a race at an upstate New York dirt track.
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