By AMANDA VINCENT
On Friday, the parents of Kevin Ward Jr. submitted a response, through their attorney, to a response filed previously by NASCAR Sprint Cup Series driver and team owner Tony Stewart. The Wards filed a wrongful death lawsuit against Stewart on Aug. 7, 2015, for the death of Ward Jr. on Aug. 9, 2014 at Canandaigua Motorsports Park in New York. Ward Jr. died from injuries sustained when he was struck by Stewart’s car in a sprint car race at Canandaigua.
In their response, Kevin Ward Sr. and Pamela Ward dispute the validity of a toxicology report that states Ward Jr. used marijuana within five hourse of the incident.
“(The Wards) admit that a toxicology report exists that allegedly found Kevin A. Ward Jr. to have smoked marijuana within at least five hours of participating in the August 9, 2014 race. However, (the Wards) deny the validity, accuracy, and admissibility of said report,” stated the response filed on the Wards’ behalf.
Stewart’s previous response to the lawsuit claims that Ward, who had climbed from his car and was on foot, tried to make contact with Stewart’s car. Stewart also said that he didn’t see Ward.
The Wards, though, aren’t buying Stewart’s claim, pointing to his history of aggression.
“(Ward) was killed as a result of the malicious, reckless, intentional, and grossly negligent conduct of Defendant Stewart, who has a well-documented and rampant history of engaging in uncontrolled, vindictive and temperamental behavior on the race track, including, but not limited to, purposely and vengefully crashing into other race cars,” the Ward response read.
Stewart’s attorney has requested that the case, currently in federal court in Utica, N.Y., be moved to Rochester. The Wards are not contesting move, but the request is still awaiting a judge’s approval.
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