Share This Post

DeliciousDiggGoogleStumbleuponRedditTechnoratiYahooBloggerMyspaceRSS

Request for dismissal makes details from Tony Stewart, Ward case public

Tony Stewart (photo courtesy of Getty Images for NASCAR)

Tony Stewart (photo courtesy of Getty Images for NASCAR)

By AMANDA VINCENT

Earlier this week, portions of depositions were filed, relating to the civil case between Tony Stewart and the parents of Kevin Ward Jr., according to an ESPN report. Ward died as a result of injures received when he was struck by a sprint car driven by Stewart during a race at Canandaigua (N.Y.) Motosports park in August 2014. Stewart was cleared of criminal charges by a New York grand jury soon after the incident, but the Wards have since filed a civil suit for unspecified damages.
Stewart filed a motion Tuesday, requesting the dismissal of the claims brought by the Wards. That request resulted in the filing of the depositions that illustrate the views of each side in the case.
Mediation for the case, being heard in US District Court in Utica, N.Y., is scheduled for April 18 and a hearing on Stewart’s motion for a dismissal is slated for April 28. No trial date has been set.
Ward’s parents believe that after their son exited his race car after hitting a track retaining wall, Stewart tried to scare by throwing dirt at him with his race car by hitting the throttle and misjudged, striking their son. The Wards also mentioned that their son was a friend of Jessica Zemken, an ex-girlfriend of Stewart’s, who also was competing in the race at Canandaigua.
“Jessica was right behind him (Stewart) and Kevin was right in front of him, and that would be a good opportunity to show them both up,” Pamela Ward said in her deposition.”
Stewart said he didn’t know the identity of the individual who was out of his car on the track and that he didn’t have time to avoid him.
“It was a split second from the time that I saw a person until I got to the person. . . . I attempted to change direction,” Stewart said in his deposition.
According to a reconstruction report done at Stewart’s request by Scientific Expert Analysis, Stewart had, at most, 1.4 seconds to react after seeing Ward on the track. Ward was struck by the right-rear tire of Stewart’s car, and Stewart’s car was traveling at 40-42 mph. The report also says that Stewart did not swerve to hit Ward, saying that if Stewart had “maneuvered his car to go up track, Mr. Ward would have been contacted by the front-right wheel or front of the right-rear tire guard.”
The Ontario County Sheriff’s Office report also was made public as a result of the case dismissal request. According to that report, track worker Brian Ennis signed a statement that included, “Tony tried to avoid him, but Kevin ran into the side of his car. . . . I don’t know if Kevin couldn’t stop because of momentum, but he just didn’t stop, he just walked right into the car. At that moment, the thought went through my mind that I just watched somebody commit suicide.”
A statement from Chuck Hebing also was submitted. Hebing was in the car right behind Stewart during the caution during which Ward was struck by Stewart’s car.
“I jerked the car to the left and stepped on the gas to turn the car quicker to get away from him (Ward), and then I said to myself that the next guy is not going to have time to get around him and is going to hit him, and that is what happened,” Hebing said in his deposition.
A toxicology report showed that Ward and marijuana in his system at the time of the incident.
Follow Auto Racing Daily on Twitter @AutoRacingDaily or like Auto Racing Daily on Facebook (facebook.com/autorcngdaily). Amanda’s also on Twitter @NASCARexaminer and has a fan/like page on Facebook (facebook.com/nascarexaminer)

Share This Post

DeliciousDiggGoogleStumbleuponRedditTechnoratiYahooBloggerMyspaceRSS
Posted by on March 29, 2017. Filed under Breaking News,Featured,NASCAR. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Leave a Reply