By AMANDA VINCENT
Tony Stewart’s attorney Brian Gwitt filed a motion on Friday requesting that the wrongful death lawsuit filed by the parents of Kevin Ward Jr. against his client be moved from federal court in Utica, N.Y., to federal court in Rochester, N.Y. The case already has been moved from New York state court to federal court. A hearing on the venue change is scheduled for Oct. 9.
The Wards’ suit stems from an incident during a sprint car race at Canandaigua Motorsports Park on Aug. 9, 2014, in which Ward was struck by Stewart’s car during a caution period. Ward climbed out of his car and, on foot, approached Stewart’s moving race car. Ward died from the injuries.
Port Leyden, N.Y., the hometown of the Ward family, falls within the jurisdiction of the federal court in Utica. The Rochester court, though, covers the area in which the race track is located.
Paperwork filed by Gwitt on Friday also included a list of potential witnesses, including local police, detectives, the coroner who worked the initial investigation into the incident, track personnel, Stewart’s car builder Jimmy Carr, Stewart’s expert investigator Gary Cooper and Stewart’s NASCAR Sprint Cup Series crew chief Chad Johnston. Johnston was at the race at Canandaigua.
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