A fedaral judge has refused to throw out a wrongful death lawsuit against Tony Stewart for the deadly crash that occurred in Canandaigua in 2014, which could clear the way for a jury trial on behalf of Kevin Ward Jr.'s family.
On Aug. 9, 2014, 20-year-old Ward of Port Leyden was struck and killed on the track at Canandaigua Motorsports Park during a sprint car race. Ward got out of his race car and walked toward Stewart’s car following a crash with Stewart, and the back wheel of Stewart’s car struck and killed Ward.
Ward’s family claims that Stewart intentionally swerved to run over Ward, which Stewart denies.
Criminal charges were never brought against Stewart, but the Ward family filed a civil lawsuit against Stewart that claimed four things: wrongful death, pain and suffering they say Ward experienced before dying, intentional reckless conduct and gross negligence.
Stewart filed a motion to have the judge dismiss all counts except for intentional reckless conduct, which has to be decided by a jury, and today the judge ruled that the lawsuit will not be thrown out.