Judge rules Tony Stewart responsible for costs in Kevin Ward Jr. lawsuit

The ruling means Stewart bears direct responsibility for any potential settlements stemming from a civil lawsuit filed by the family of Kevin Ward Jr.

 

Tony Stewart's insurance carrier is not responsible for any fees the NASCAR owner-driver may incur as a result of his involvement in the death of another driver in 2014, a federal judge ruled Friday.

U.S. District Court Judge David Hurd of the Northern District of New York ruled that Stewart's policy with Axis Insurance Co. specified 105 events and did not give the three-time NASCAR champion coverage outside events not listed by Tony Stewart Racing. The events that were covered included 65 World of Outlaw races, 30 USAC Sprint Car races and 10 USAC Silver Crown races.

Therefore Stewart is responsible for any liability incurred in races beyond the 105 specifically listed. He will now have to cover the financial expenditures of his defense in a civil lawsuit filed by the family of Kevin Ward Jr. last August, as well as any potential settlements determined through trial or mediation.

Stewart struck and killed driver Ward Jr. during a sprint car race in August 2014 at Canandaigua (N.Y.) Motorsports Park in August 2014. Ward had been involved in a racing incident with Stewart that disabled his car and was walking on the track seemingly to confront Stewart when the right-rear tire of Stewart's car clipped the 20-year-old.

The incident occurred in an Empire Super Sprints event, which was not specified in any of Stewart's three policies with Axis. Stewart's attorneys argued language within the underwriting policy was confusing and that he was covered should he compete in races for TSR outside those listed.

An autopsy determined Ward died of blunt force trauma. An Ontario County grand jury declined to charge Stewart with criminally negligent homicide and second-degree manslaughter.

Ward's parents, Kevin Ward Sr. and Pamela Ward, filed a civil lawsuit against Stewart contending he "could have easily acted reasonably and with prudence to avoid striking" and "caused Mr. Ward's death by acting with wanton, reckless and malicious intent and negligence." They are seeking unspecified damages.

The civil suit is pending. No trial date is set.