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Stewart-Ward hearing scheduled for Friday

Tony Stewart (photo courtesy of Getty Images for NASCAR)

Tony Stewart (photo courtesy of Getty Images for NASCAR)

By AMANDA VINCENT

A summary judgment hearing relating the the wrongful death lawsuit by the family of Kevin Ward Jr. against NASCAR team owner and former driver Tony Stewart is scheduled to begin Friday in US District Court in Utica, N.Y., according to a report from ESPN NASCAR writer Bob Pockrass.

Ward passed away Aug. 9, 2014, as a result of injuries sustained at Canandaigua (N.Y.) Motorsports Park when he climbed from his car on a live race track after a crash and was struck by a race car driven by Stewart during an Empire Super Sprints race.

Stewart did not face criminal charges.

The Ward family is suing Stewart for an unspecified amount on claims of wrongful death, terror pain and suffering, intentional/reckless conduct and gross negligence. The intentional/reckless claim would have to be decided by a jury, but the judge overseeing Friday’s hearing can make a judgement on the other three claims.

Stewart claims the waver signed by Ward and his father, who also was his car owner, for the race series and the track prohibit the Wards from suing for wrongful death and gross negligence and as a race car driver Ward assumed risk.

Meanwhile, the Wards claimed that Stewart signed a different waiver, as he wasn’t a regular competitor in the series and also that waivers do no apply to gross negligence claims.

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).

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Posted by on October 26, 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

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