For the last three year, Tony Stewart and the family of Kevin Ward have been attempting to settle a civil lawsuit that alleges the NASCAR great was reckless during a race in New York in 2014 that killed their son.
Now, it looks as if the case will be in the hands of a jury.
The Utica Observer-Dispatch reports that the case is headed for a May trial.
Last month, Stewart filed a motion for an immediate appeal in the wrongful death civil lawsuit filed by Ward’s parents.
He wants to appeal a decision by U.S. District Court Judge David Hurd, who made several recent rulings, including that waivers signed by drivers before the 2014 Sprint car race are unenforceable. That motions is scheduled to be heard later this month.
Stewart claims the Ward family shouldn’t be able to sue because Kevin Ward and his father signed the waiver, and race car drivers know the risk of walking on a race track under caution.
Stewart wants the immediate appeal because he would eventually appeal following a scheduled May jury trial, and a decision prior the the trial could speed settlement talks, ESPN reported. The Ward family and Stewart have made several settlement attempts over the last three years, to no avail.
Ward’s family has filed a civil lawsuit that alleges Stewart acted recklessly when he struck and killed Ward during an Empire Super Sprint series race in upstate New York in August 2014. No criminal charges were filed in the case, and Stewart insists it was a tragic accident.
The Ward family attorney Mark Lanier told ESPN, “There are genuine factual disputes over whether, and to what extent, defendant’s conduct during the caution period of the race may have unreasonably increased the risk that Ward Jr. assumed.”
Ward’s family and Stewart have made three attempts to settle a civil lawsuit that alleges Stewart acted recklessly when he struck and killed Ward. After a wreck on the track, Ward exited his vehicle and was struck by Stewart’s car. Stewart was exonerated in any criminal wrongdoing because a court found Ward was impaired due to marijuana use — a claim his family disputes.
The Ward family filed a wrongful death lawsuit in the wreck, and said, on Good Morning America, they believe Stewart lost his temper but did not intentionally hit their son. They see the civil suit at a way to get “justice” for their son. Stewart has said he was just trying to change direction and hitting Ward was an accident.
“I know 100 percent in my heart and in my mind that I did not do anything wrong. This was 100 percent an accident,” Stewart told The Associated Press.