The family of Kevin Ward Jr. filed a wrongful death lawsuit against NASCAR driver and Eldora Speedway owner Tony Stewart on Friday, according to a report by Yahoo Sports. The filing takes place nearly a year after Stewart struck Ward during a Sprint Cup Series race in upstate New York, killing Ward.
Ward was struck after he got out of his car to confront Stewart. He died after becoming tangled in the rear wheel of Stewart's car. Stewart wasn't prosecuted criminally and said the incident was an accident.
"Stewart could have easily acted reasonably and with prudence to avoid striking Ward, just as all other drivers had done as they passed Ward during the yellow caution flag," according to the suit filing. "Stewart acted with disregard for Ward's life and safety by driving his vehicle in a manner that would terrorize Ward and thereafter strike, severely injure and kill Ward."
The Ward family released a statement, saying, "Our hope is that this lawsuit will hold Tony Stewart responsible for killing our son and show him there are real consequences when someone recklessly takes another person's life."
Damages weren't specificed. A grand jury decided not to charge student after viewing two videos of the incident. Ontario County District Attorney Michael Tantillo said the videos didn't show any aberrational driving by Stewart. A toxicology report showed Ward had marijuana in his system.
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