Tony Stewart being Sued For Wrongful Death

[JohnBlue]

The rear end of the car fish tailed as he nailed it right about the time of impact. Maybe you guys have been riding moped's for too long but when you gas on a car with a limited slip, or posi-trac rear-end they will slid sideways.

As a mofo that has driven many fast cars I'm a bonafide expert [banana]

 

[fuzz77]

The rear end of the car fish tailed as he nailed it right about the time of impact. Maybe you guys have been riding moped's for too long but when you gas on a car with a limited slip, or posi-trac rear-end they will slid sideways.

As a mofo that has driven many fast cars I'm a bonafide expert [banana]

They will also fish tail sideways on a banked dirt track when the brakes which have a rear wheel bias are applied.

 

[JohnBlue]

You should probably bow out of this discussion, your lack of knowledge concerning cars is stunning to put it nicely. A car doesn't slide down hill against momentum from applying brakes.


Tyler Graves, a sprint-car racer and friend of Ward's, told Sporting News in a phone interview that he was sitting in the Turn 1 grandstands and saw everything that happened.

"Tony pinched him into the frontstretch wall, a racing thing," Graves said. "The right rear tire went down, he spun on the exit of (Turn) 2. They threw the caution and everything was toned down. Kevin got out of his car. … He was throwing his arms up all over the place at Tony for most of the corner.

"I know Tony could see him. I know how you can see out of these cars. When Tony got close to him, he hit the throttle. When you hit a throttle on a sprint car, the car sets sideways. It set sideways, the right rear tire hit Kevin, Kevin was sucked underneath and was stuck under it for a second or two and then it threw him about 50 yards."

If I wanted to pretend that Stewart did nothing wrong and attempt to shed a positive spin on it all instead trying to deny the obvious I would suggest he gunned it to force the rear of the car away from Ward. The only person you're going to convince that he didn't gun it is yourself, might as well try to apply some common sense. I'm even open to that being exactly why he gunned it. The car clearly moved away from Ward, just not enough.

 

[Violent Cuts]

and friend of Ward's.

Great source - I'm sure he'll be the expert witness that testifies for Ward.

 

[KingOfBBN]

I bet if it was Dale Jr. , John Blue would have thought it wasn't intentional.

:beer::americanflag:

 

[RacerX.ksr]

I'm not a Dale Jr. fan by any stretch, but since I've never seen him act like a petulant child on the race track, in the pits, in an interview, or anywhere else for that matter, I would be inclined to give him the benefit of doubt.

You can find video of Tony on the track throwing his helmet at a moving car. You can find video of Tony striking a person with his car because they were in his path on the way to the podium.

Tony is an ******* and ******** do assholey things. This ******* maneuver resulted in a death.

 

[fuzz77]

I'm not a Dale Jr. fan by any stretch, but since I've never seen him act like a petulant child on the race track, in the pits, in an interview, or anywhere else for that matter, I would be inclined to give him the benefit of doubt.

You can find video of Tony on the track throwing his helmet at a moving car. You can find video of Tony striking a person with his car because they were in his path on the way to the podium.

Tony is an ******* and ******** do assholey things. This ******* maneuver resulted in a death.

\
Being an ******* doesn't mean that in this instance he did anything wrong. You also claim that Tony put the guy in the fence as if that was purposely done. That contact had as much chance of wrecking Stewart as it did the other guy. You never know what will happen when open wheel cars touch.
Ward would have been much smarter to throw his helmet. His his own dumbassery got him killed. Darwin's theory at work.

Trying to bring Stewart's past into this discussion is proof that you are prejudice against him and unable to look at this incident on its own merit. That is why you are FOS when you say that your opinion is based on the video evidence.

 

[RacerX.ksr]

You're the one grasping at straws here, not me. You can't see it on the video but Tony had an unobstructed view of Ward, on the track, for well over a hundred yards before he reached him. Ample time to move to the bottom of the track and slow down. The blue car that passes just before Tony was going noticeably slower.

Tony is responsible for the preconceived notions, not me.

 

[KingOfBBN]

Ricky Bobby would have done the same while drinking delicious Mountain Blueberry Powerade and thanking baby Jesus.

So I side with Stewart and I also consider this natural selection for being dumb.

 

[RacerX.ksr]

So, by all rights, Tony should have been killed the times he ventured onto the track. Is that correct?

 

[CatsFanGG24]

Kevin was sucked underneath and was stuck under it for a second or two and then it threw him about 50 yards."

50 Yards?

 

[8titles_rivals270261]

So couldn't have have goosed it in an attempt to avoid the driver that was running out in front of him? Just saying, it may be hard to prove that it was anything more or less than an attempt to avoid the guy. All in all the guy was an idiot for jumping out of the car. If someone jumps out of their car in a road rage fit and get's hit who should be at fault? My parents always taught me that if you get your *** out on a blacktop road where there is traffic then you may die, it's pretty simple.

 

[RacerX.ksr]

If you are going to speculate on why he gunned his engine, he did, then why not speculate on the reason he didn't just slow down like other drivers did?

 

[8titles_rivals270261]

If you are going to speculate on why he gunned his engine, he did, then why not speculate on the reason he didn't just slow down like other drivers did?

Because I really could care less. My point was simply that there are a ton of ways to position it. Even though his actions will be scrutinized, the other drivers actions should be as well, if not to a greater degree.

 

[RacerX.ksr]

Because I really could care less. My point was simply that there are a ton of ways to position it. Even though his actions will be scrutinized, the other drivers actions should be as well, if not to a greater degree.

I know you could care less, I could too.

I need instructions for the rest of that post.

 

[fuzz77]

If you are going to speculate on why he gunned his engine, he did, then why not speculate on the reason he didn't just slow down like other drivers did?

How do you know he gunned his engine?
Again, from the distance the video was taken there would have been a delay in the time the car reacted and the sound reaching the camera to be recorded. There are 20 or so other cars on that track, most of them out of sight. That "varoom" could have been from any of those other vehicles.

 

[JohnBlue]

Great source - I'm sure he'll be the expert witness that testifies for Ward.

There is a better than average chance he will testify on Ward's behalf. It's only your assumption that he is bias.

Friend or not he was there and confirms what the video shows, Tony gunned the engine. He wasn't the only one that said it.

 

[RacerX.ksr]

That was a 1/2 mile track. Not very big. The video was taken from no more than 200 yards from the incident. Takes sound about 1/2 second to travel that distance. Tony's car was not in frame when he gunned it, but was stepped out when he impacted Ward.

Some of you have no idea about a dirt track. There is enough traction for cars to routinely pull the front tires off the ground under acceleration. They're not driving on ice.

Similarly, these cars are very nimble and can turn on a dime. They only weigh about 1400lbs and are not steered with the throttle when going at less than race speeds. Due to the difference in diameter of the outside tire, the car would naturally go to the left if Tony had simply removed his hands from the wheel and taken his foot off the gas.

The result was not intentional, but the action that led to the result certainly was.

 

[Violent Cuts]

It's amazing what some of you are convinced of. Seriously, none of you have a clue. You're thinking emotionally.

 

[PuffyNips]

It's amazing what some of you are convinced of. Seriously, none of you have a clue. You're thinking emotionally.

How do you explain the bloody knife, rope, shovel and pork rinds they found in Tony's trunk, you sonuvabitch? You don't have any smart *** answers for that do you, educated boy?

 

[JohnBlue]

It's amazing what some of you are convinced of. Seriously, none of you have a clue. You're thinking emotionally.

You just summed yourself up. I have video and witness accounts while you haven't provided anything but your opinion.

 

[RacerX.ksr]

It's amazing what some of you are convinced of. Seriously, none of you have a clue. You're thinking emotionally.

Great retort. Totally disproved every point I made.

Emotion is the only reason you lay the blame solely on Ward.

 

[Violent Cuts]

Here are some facts then, from the grand jury testimony.

Approximately two dozen witnesses were heard, including other drivers, witnesses and medical experts, and the grand jury found "no basis to charge Tony Stewart with any crimes," Ontario County district attorney Michael Tantillo announced.

"The videos did not demonstrate any aberrational driving from Tony Stewart until the point of impact with Kevin Ward," he added.

So the witness accounts and video didn't prove there was a crime committed. If they had ruled he had done anything wrong they would have charged him.

Perhaps some of you should have testified at the trial.

 

[fuzz77]

Great retort. Totally disproved every point I made.

Emotion is the only reason you lay the blame solely on Ward.

Dude, Ward is the only one that put himself in a position to be hit. Nobody dragged him out of the car, he did that himself. Nobody made him walk down into the oncoming traffic, he did that on his own. Challenging an oncoming vehicle in a game of chicken is the ultimate in stupidity. He played Russian Roulette and lost.

 

[domino79]

He'll probably lose his license over this.

 

[fuzz77]

You just summed yourself up. I have video and witness accounts while you haven't provided anything but your opinion.

You have the same video as everyone else and there are also witness accounts that contradict your conclusions.
BTW, it has been proven time and time again that eyewitness accounts of events like these are often wildly inaccurate and inconsistent and unreliable. Many people have been sent to prison based on eyewitness accounts of events...only latter to be set free when those accounts are proven to be inaccurate.

 

[Violent Cuts]

Dude, Ward is the only one that put himself in a position to be hit. Nobody dragged him out of the car, he did that himself. Nobody made him walk down into the oncoming traffic, he did that on his own. Challenging an oncoming vehicle in a game of chicken is the ultimate in stupidity. He played Russian Roulette and lost.

False - the video clearly shows Stewart accelerating and attempting to murder Ward. Plus one of Ward's friends saw it Stewart try to murder him. Slam dunk

 

[RacerX.ksr]

They were focused on criminal intent. They were also told that Ward was under the influence of marijuana at the time of the incident to the point he was impaired.


"The grand jury considered two charges against Stewart for possible indictment, Tantillo said: “Manslaughter in the second degree and criminally negligent homicide. In New York state, it takes 12 or more votes of 23 grand jurors to return (indictment on) those charges. So while I can’t tell you what their votes were, you obviously can deduce the fact there were not 12 votes for either charge.”

Later, Tantillo added of the grand jury, “Their job was to determine whether or not, based upon all the evidence they heard, all the testimony they heard, whether there was reasonable cause to believe Tony Stewart had committed a crime, or not. Obviously, their vote was that they did not reach that finding.”

“However, I am sure from their deliberations and discussions, that the fact that Kevin Ward was observed running basically down two-thirds of the track into a hot track, and into the middle of other cars that were racing, played a big, big factor in their decision.”

Sure appears Tantillo , District Attorney, was unbiased in his dealings with the grand jury.

 

[-LEK-]

I think NY has comparative negligence in deciding this. But, not a NY attorney. So the judgement would be weighted. Dude running out into track is pretty damn negligible/reckless/incredibly stupid.

You can probably make a good case for a civil law suit. Just off top of my head.

Duty: Tony had a duty to others on the track/safety
Breach: Tony didnt swerve, testimony says rev' engine (did he breach that duty? for a judge/jury) If its credible, then there is a breach. If not, no dice.
Cause: Tony's breach of revving or speeding up could be the cause of death. If he didnt do those things, then no breach
Damages: Dude is dead. Cha-ching

I could see a jury deciding Stewart was somewhat at fault and give a judgment. Obviously the evidentiary standard in a civil case is different than a civil case.

Obviously, shady legal analysis, but you could make a jury case out of it.

 

[Violent Cuts]

No idea why

They were focused on criminal intent. They were also told that Ward was under the influence of marijuana at the time of the incident to the point he was impaired.


"The grand jury considered two charges against Stewart for possible indictment, Tantillo said: “Manslaughter in the second degree and criminally negligent homicide. In New York state, it takes 12 or more votes of 23 grand jurors to return (indictment on) those charges. So while I can’t tell you what their votes were, you obviously can deduce the fact there were not 12 votes for either charge.”

Later, Tantillo added of the grand jury, “Their job was to determine whether or not, based upon all the evidence they heard, all the testimony they heard, whether there was reasonable cause to believe Tony Stewart had committed a crime, or not. Obviously, their vote was that they did not reach that finding.”

“However, I am sure from their deliberations and discussions, that the fact that Kevin Ward was observed running basically down two-thirds of the track into a hot track, and into the middle of other cars that were racing, played a big, big factor in their decision.”

Sure appears Tantillo , District Attorney, was unbiased in his dealings with the grand jury.

I have no idea what your point in this post is or why you bolded that part.

 

[-LEK-]

No idea why


I have no idea what your point in this post is or why you bolded that part.

I think he was trying to distinguish the evidentiary standard of a civil case vs a criminal case, but didnt know how. I think. Plus I think he is confusing reasonable standard with reasonable doubt.

 

[8titles_rivals270261]

I know you could care less, I could too.

I need instructions for the rest of that post.

You need more than instructions on my post my friend. Carry on.

 

[MegaBlue05]

When keeping it redneck goes wrong ...

 

[RacerX.ksr]

Because I really could care less. My point was simply that there are a ton of ways to position it. Even though his actions will be scrutinized, the other drivers actions should be as well, if not to a greater degree.

Why would the other drivers need to be scrutinized? Only one of them struck and killed a man.

 

[Catfan in Tn.]

Tony Stewart in response to the lawsuit claims he never saw Ward although 5 other drivers drove around him.

 

[RacerX.ksr]

Not only that, he said the parents were to blame for allowing Ward to smoke pot. Tony did not have his blood, breath, or piss tested after the incident.

Now that a year has gone by, Tony can resume being an *******. Won't be long before he states what some of you think...Ward deserved to die.

 

[Violent Cuts]

He's just responding to a ridiculous lawsuit. If you're going to file something so stupid, you should be prepared for someone to defend himself.

 

[RacerX.ksr]

The more he opens his mouth, the closer he is to losing this lawsuit. Ward was impaired? Tony didn't see Ward, who was right in front of him. Tony didn't know there was a wreck, that he caused. Tony didn't slow down to a safe speed under caution as the other drivers did. Sounds more like Tony was impaired.

Tony blames the parents of a kid HE ran over for the death. That should play well with a jury.

 

[Violent Cuts]

You can think he's going to, but Stewart is not going to lose this lawsuit. It wouldn't surprise me if it's thrown out. And "Tony" isn't blaming anyone - his attorneys are/will.

 

[RacerX.ksr]

Yep, Tony is going to lose the lawsuit. If the attorneys are saying it, Tony is saying it.