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Old 29 Sep 2014, 14:31 (Ref:3458577)   #106
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Originally Posted by Tim Falce View Post
If the Ward family go ahead with a claim I wouldn't be surprised if Tony Stewart counter sues the estate of Kevin Ward for distress caused.
Why? This is how it's going to go down.

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Experts would expect Stewart to settle: #14-Tony Stewart won't face criminal charges in the death of Kevin Ward Jr., and now it's likely up to Stewart whether the case ever returns to court. Stewart not being charged criminally, plus the fact that Ward had marijuana in his system at the time of his death, could mean that a civil suit is less likely. But the standards in civil cases don't match the criminal side, and New York law forces juries to determine a percentage of fault for each party in a wrongful death case, which means that Stewart could have incentive to settle. The Ward family has indicated that it will pursue a wrongful death lawsuit against the three-time Cup champion. Stewart could settle any case out of court by writing a check to the Ward family with the amount kept confidential. Or he could fight in court over whether he was negligent at all in the death of the 20-year-old driver, who walked out onto the track and was struck by Stewart's sprint car under caution Aug. 9 at Canandaigua (N.Y.) Motorsports Park.
Greg Bloom, an attorney at the Miami firm Chase Lawyers who represents athletes and entertainers, said he would advise Stewart to settle, even though he believes it was an accident. "I think he will end up settling," Bloom said. "If I was to advise him, I would advise the same because he wants everything to be behind him. Everyone wants this whole story to be behind him, so he can move forward professionally and the memory of the deceased can rest."
John M. Hochfelder, a New York lawyer who runs a blog and database on injury case damages in New York, said it is not uncommon for someone who is not indicted or is acquitted of criminal charges to face a wrongful death lawsuit. "All the (criminal) acquittal means is that the prosecution did not prove beyond a reasonable doubt, according to the jury, that a crime was committed," Hochfelder said. "That standard is much, much higher than the civil standard, which is a preponderance of the evidence, a tipping of the scales. We call it 'the more likely than not' standard. ... (In this case), it's more likely than not that you should have been more careful and your lack of care, we conclude, caused an injury."
Michael McCann, a Massachusetts attorney who founded the University of New Hampshire's Sports and Entertainment Law Institute and also writes for SI.com, said because Stewart has a stake in preserving his reputation in order to earn sponsorship to race, he has incentive to settle this as soon as possible. "The likelihood that Tony Stewart reaches an adequate settlement is very high," McCann said. "He has reason to settle a case like this even if he believes he did nothing wrong."(Sporting News)(9-27-2014)
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Old 30 Sep 2014, 07:33 (Ref:3458785)   #107
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Settle, with money, which begs the question - how much is Kevin Ward's life worth, shall be interesting to find out, if we ever did....
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Old 2 Oct 2014, 20:31 (Ref:3459621)   #108
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Settle, with money, which begs the question - how much is Kevin Ward's life worth, shall be interesting to find out, if we ever did....
If there is any settlement outside of the courtroom, there will be a confidentiality clause regarding any numbers involved, no question about it.
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Old 4 Oct 2014, 20:26 (Ref:3460389)   #109
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Settle, with money, which begs the question - how much is Kevin Ward's life worth, shall be interesting to find out, if we ever did....
Stupidity has just rewards which means Ward should get 0 dollars but Tony may give them money out of sympathy.
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Old 4 Oct 2014, 20:57 (Ref:3460419)   #110
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Surely Ward would have signed his rights away before competing?
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Old 14 Oct 2014, 21:03 (Ref:3465048)   #111
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Interesting.

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10/14/14 Could Tony Stewart's actions at Charlotte impact possible civil suit?Brad Keselowski, Matt Kenseth, and Denny Hamlin‘s roles in Saturday night's post-race melee at Charlotte Motor Speedway are already well-defined.

But Tony Stewart also was involved in this particular sequence of events. After Keselowski and Hamlin had their skirmish on the track during the cool-down lap, Keselowski then ran into both Kenseth and Stewart near the entrance to pit road.

Stewart responded by backing his No. 14 Chevrolet into Keselowski's No. 2 Ford, crushing in the front end of the latter’s (Sky) Blue Deuce. That decision may come back to haunt him.

While Stewart has been cleared of criminal charges stemming from the Aug. 9 sprint car accident that killed Kevin Ward Jr., there remains the possibility of a civil suit being filed by Ward's family against the three-time NASCAR Sprint Cup Series champion.

And as NBC Sports legal analyst Jack Furlong explained in today's episode of NASCAR AMERICA, Stewart’s actions on Saturday night could have a major impact on such a suit. Check out the video clip. NBC Sports
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Old 14 Oct 2014, 21:18 (Ref:3465053)   #112
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I really don't follow NASCAR, but I am aware of the players and what has been going on recently with Tony. I saw the highlight clip on the news and I think it was highly stupid of Tony. At a minimum, I suspect it might add some numbers to whatever settlement the Ward family might get.

And can I say... the entire thing (events at Charlotte) looked like an absolute circus.

Richard
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Old 22 Aug 2015, 06:35 (Ref:3567632)   #113
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I really don't follow NASCAR, but I am aware of the players and what has been going on recently with Tony. I saw the highlight clip on the news and I think it was highly stupid of Tony. At a minimum, I suspect it might add some numbers to whatever settlement the Ward family might get.

And can I say... the entire thing (events at Charlotte) looked like an absolute circus.

Richard
Well here we go

http://www.autosport.com/news/report.php/id/120253

How any body could be compensated for Ward's stupid and reckless actions is just beyond me! Hope Stewart files a counter suit for damages caused by Ward's actions.
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Old 25 Aug 2015, 03:19 (Ref:3568471)   #114
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Well here we go

http://www.autosport.com/news/report.php/id/120253

How any body could be compensated for Ward's stupid and reckless actions is just beyond me! Hope Stewart files a counter suit for damages caused by Ward's actions.
He's not going to file a countersuit.

Like I predicted a year ago, a settlement will be reached and paid out at some point.

It would be one thing if this driver was standing in the pits or wherever minding his own business and Tony suddenly mashed the throttle and ran him flat over. It's another thing for a driver to run out on a hot track and jump in front of a race car. No amount of money or lawsuits from the family is going to change that fact and they will not win a jury trial either. It's like blaming a driver for hitting a deer when the deer jumps out in front of the driver.
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Old 25 Aug 2015, 07:40 (Ref:3568522)   #115
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He's not going to file a countersuit.

Like I predicted a year ago, a settlement will be reached and paid out at some point.

It would be one thing if this driver was standing in the pits or wherever minding his own business and Tony suddenly mashed the throttle and ran him flat over. It's another thing for a driver to run out on a hot track and jump in front of a race car. No amount of money or lawsuits from the family is going to change that fact and they will not win a jury trial either. It's like blaming a driver for hitting a deer when the deer jumps out in front of the driver.
There is a video on Youtube Tony Stewart Kevin Ward 1/20 Speed that I believe shows that Kevin Ward actually grabbed Stewart's wing.
Have a look.
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Old 23 Sep 2015, 21:31 (Ref:3576457)   #116
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  • Insurance firm says Stewart's policy doesn't cover lawsuit: The insurance company that covers Tony Stewart Racing has filed court documents saying Stewart's policy does not cover the wrongful death lawsuit filed by the parents of Kevin Ward Jr. Axis Insurance Company filed a complaint for declaratory judgment Friday, asking the court to rule that it is not responsible to cover Stewart, saying its policy covers neither the race Stewart was participating in nor claims brought by one driver against another. Stewart's attorney had no comment to the filing. Stewart was competing in an Empire Super Sprints event Aug. 9, 2014, at Canandaigua (New York) Motorsports Park when his car struck and killed the 20-year-old Ward, who had gotten out of his car and walked out on the track while the race was under caution. Ward's parents contend in their lawsuit that Stewart could have avoided their son just as the other drivers in the race did, and they seek unspecified damages for their son's pain and suffering as well as the potential economic support he could have provided for them. Stewart, who was not criminally charged, says Ward was responsible for his own death, had attempted to make contact with Stewart's car before being struck and had used marijuana within five hours of the race. Stewart was racing for TSR, a team that he owns and competes with in sprint car races, which is separate from the NASCAR stock car team he co-owns (Stewart-Haas Racing) with Gene Haas. Axis Insurance, in its filing in a U.S. District Court in New York, states that the $4 million of coverage (a combination of three policies) for Tony Stewart Racing is specifically for 65 World of Outlaws events, 30 USAC Sprint events and 10 USAC Silver Crown events. No Empire Super Sprints events are part of the team policy, Axis says. The policy also has an exclusion clause that states "this insurance does not apply to claims or actions brought by one racing vehicle driver against another racing vehicle driver" and that "coverage is specifically excluded for the racing vehicle driver who is the object of such claim or action." Stewart has not yet filed a response to the Axis request. He has asked for the wrongful death lawsuit be dismissed based on waivers Ward and his father, as the car owner, signed prior to the event that indemnify other participants (ESPN).(9-23-2015)
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Old 24 Sep 2015, 00:16 (Ref:3576494)   #117
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.
Sounds about right for an insurance company.
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Old 28 Sep 2015, 14:51 (Ref:3577755)   #118
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There's rumblings he'll retire after the 2016 season.
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Old 28 Sep 2015, 19:15 (Ref:3577804)   #119
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There's rumblings he'll retire after the 2016 season.
Yep.

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  • UPDATE: Stewart-Haas Racing has scheduled a news conference for 1:00pm/et on Wednesday at the team's Kannapolis, N.C., headquarters, at which time driver and team co-owner Tony Stewart is expected to announce that 2016 will his last season behind the wheel. Gene Haas, Stewart's partner, will attend the news conference, the team confirmed.(FOXSports.com)(9-28-2015) UPDATE2: Tony Stewart will step away from Sprint Cup competition following the 2016 season, NASCAR.com has confirmed from multiple sources. A press conference at Stewart-Haas Racing's North Carolina shop is scheduled for Wednesday afternoon to announce the plans, which will include naming Clint Bowyer to drive Stewart's #14 Chevy beginning in 2017. NASCAR.com will live stream the 1 p.m. ET announcement at NASCAR.com/presspass.(NASCAR.com)(9-28-2015)
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Old 28 Sep 2015, 23:03 (Ref:3577833)   #120
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Yep.
I said that, at the end of last season (not here) and no one believed me. Said I didn't know what I was talking about, said I was crazy if I thought that. I have been taking allot of pleasure, today, telling those that said that to me, "I TOLD YOU SO!"
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