The family of Kevin Ward will square off in court on Friday against NASCAR legend Tony Stewart in what, in legal parlance, is called a motion for summary judgement.
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.
According to Law.com, here’s the definition of summary judgement:
A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried
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.
ESPN reported that the lawsuit — now in its third year — was delayed in September due to Hurricane Harvey, which decimated parts of Texas. The Ward family’s attorneys are from Houston, which has been hard hit by the hurricane.