A federal judge in Syracuse ruled on Wednesday that a wrongful death lawsuit against former NASCAR driver Tony Stewart will proceed.
U.S. District Court Judge David Hurd rejected a motion by Stewart seeking a partial dismissal of the civil suit over the death of Empire Sprints driver Kevin Ward.
Ward was killed Aug. 9, 2014 when he was struck by a car driven by Stewart at Canandaigua Motorsports Park. Ward’s car had just crashed, and the 20-year-old driver had exited the vehicle and was walking down the track to yell at Stewart when he was struck.
Ward’s family contends Stewart caused the wreck, and was calling out the NASCAR Star at the time. The family claims Stewart struck him while attempting to scare Ward.
Stewart maintains he never saw Ward until the last second and tried to swerve but couldn’t avoid hitting him.
A grand jury investigating the case determined there was no criminal act committed by Stewart.