Canandaigua, N.Y. — U.S. District Court judge David Hurd has ruled the family of Kevin Ward Jr. can pursue claims against retired NASCAR champ Tony Stewart in connection with a fatal crash in 2014.
Ward Jr. died after being struck by a car driven by Stewart during caution laps at Canandaigua Motorsports Park. Ward got out of his car and was walking in caution traffic after he and Stewart had been involved in a mishap laps before. A toxicology report later showed Ward Jr. had marijuana in his system.
The decision says the Empire Super Sprints series is considered a recreational activity under New York law, so waivers signed by drivers and car owners are not enforceable.
Stewart asked the court to dismiss the case because Ward Jr. knew the risks and pain, suffering and pre-impact terror claims are baseless because Ward Jr. was under the influence of drugs.
