Tony Stewart strikes and kills fellow driver at New York dirt track

[Jay13]

Originally Posted by boracayjohnny

Hey Jay, what's your take on my scenario above? That means setttlement.

I don't know that state's negligence law when it comes to proximate cause as a defense and I haven't seen the competitor's release form. I can't understate how important state law is. If they have comparative negligence, then a jury can look to Ward's contribution to his fate and him leaving his car would be pretty significant to a jury.

If not, the fact that Stewart's conduct (if he in fact goosed the throttle) came after Ward's would be a problem for Stewart -- you can say that "but for" Ward leaving his car he'd be alive, but you can't say that him leaving his car was the proximate cause of his death. There is a scenario where he leaves his car and lives. But once he is on the track, Stewart takes his plaintiff as he finds him -- an idiot out of his car. He could have done a number of things to avoid hitting Ward. The jury will have to decide if he couldn’t see him, could have stopped his car, intentionally hit the throttle instead, etc.

If state law and the competitor's release was in his favor, I could see Stewart refusing to settle rather than having people and/or sponsors being able to say he settled because he was guilty of wrongdoing.

[sanchez]

Tony Stewart must be a smiling mutha****a. White people have something besides him running that dude over to talk about.

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[VatorMan]

I can see this being settled pretty quick. T. Stewart's entire livelihood depends on sponsors and the media. The longer this drags out, the less sponsors will re-new.

Right now, Office Depot is probably weighing their options. Every pic for the next couple of weeks concerning this is going to have Stewart in his Office Depot race suit. I don't necessarily agree that any exposure in better than no exposure.

[C5SilverBullet]

It looks like the guy walks right into Stewart's tire.

[RedLS1GTO]

Originally Posted by island14

He caused his own crash!

Then caused his own death...

Yep. That pretty much sums it up.


The question I have is other than to try to make a name for himself going after the big name in the race, why did he get out at all? From what I can tell, the only damage was the right rear tire, which could have been fixed in no time like every other flat is fixed over the course of a sprint car race. Instead, the kid goes high order and runs out into traffic. Hell, 2 cars almost hit him BEFORE Stewart even came through.


It's pretty simple. You know who isn't dead? The guy who didn't walk in front of a moving race car.

[RED-85-Z51]

Originally Posted by RedLS1GTO

Yep. That pretty much sums it up.


The question I have is other than to try to make a name for himself going after the big name in the race, why did he get out at all? From what I can tell, the only damage was the right rear tire, which could have been fixed in no time like every other flat is fixed over the course of a sprint car race. Instead, the kid goes high order and runs out into traffic. Hell, 2 cars almost hit him BEFORE Stewart even came through.


It's pretty simple. You know who isn't dead? The guy who didn't walk in front of a moving race car.

Dammit leggo my catchphrase...

[syf350]

https://www.youtube.com/watch?v=CAe9-JVCmek

[Datawiz]

Originally Posted by syf350

[HotNews] Tony Stewart: Kevin Ward grabs wing and is not "sucked under" (Graphic) - YouTube

Instant get out of jail free card.

[syf350]

Originally Posted by datawiz

Instant get out of jail free card.

would kinda seem that way, huh? did you read any of the comments? one guy pointed out that after the first car went by, ward kinda doubled over like the first car got a piece of him. i kinda see it, but also just see it as him crouching so tony could see him...

[Datawiz]

Originally Posted by syf350

would kinda seem that way, huh? did you read any of the comments? one guy pointed out that after the first car went by, ward kinda doubled over like the first car got a piece of him. i kinda see it, but also just see it as him crouching so tony could see him...

Now that you say that, it did look like the first car may have made contact.

He definitely grabbed the top of the wing. You can see the back right corner drop with the weight, at the exact same instant that the car changes course slightly.

Tony will be released of any and all liability over this, even in a civil suit, which you know is coming.

[Kevin_73]

Originally Posted by syf350

[HotNews] Tony Stewart: Kevin Ward grabs wing and is not "sucked under" (Graphic) - YouTube

I don't think he grabbed the wing. I think Ward was just in such a rage as he was storming toward Stewart's car that he forgot the wing was there and it clipped him, then drug him either by his helmet or his fire suit.

[syf350]

Originally Posted by Kevin_73

I don't think he grabbed the wing. I think Ward was just in such a rage as he was storming toward Stewart's car that he forgot the wing was there and it clipped him, then drug him either by his helmet or his fire suit.

could be, but i agree with craig, it wasnt until that moment (Grabbing or getting grabbed) that the car changed course to the right.

And im not sprint car driver (dont have the jewels) but im guessing at that speed and your car jukes to point towards the wall, i imagine a little goose of the gas to correct would be in order?

[Datawiz]

Originally Posted by syf350

could be, but i agree with craig, it wasnt until that moment (Grabbing or getting grabbed) that the car changed course to the right.

And im not sprint car driver (dont have the jewels) but im guessing at that speed and your car jukes to point towards the wall, i imagine a little goose of the gas to correct would be in order?

In between the two cars, it almost looks like he's kneeling in pain. He HAD to have been hit by the 45. He was just running on adrenaline at that time.

[Jeff '79]

I think that he went to grab the wing and his suit or glove got stuck on it, and then Tony goosed it to avoid him. At that point it released and the rest is history.
Dumb fk'n kid....

[VatorMan]

100% the kids fault. TS will be cleared and deservedly so. I thought different, but video doesn't lie.

[ApexOversteer]

He clearly goes under the tire. That is not to say that he doesn't grab/is-grabbed-by the wing. I agree, Ward and the wing have a moment. Which grabs what I can't tell, but the two definitely come together for a moment.

My theory looking at that video is he is not hit by the 45, crouches to see Tony through the letter slot of a window sprint cars have, contact with the wing is then made. It is possible Ward knew he was about to meet the RR tire and attemped to "ride" the wing to avoid the RR tire. He then gets sucked under the tire. You can see it in the way his body whips to the ground, there is obvious tire contact there.

[American Made]

Originally Posted by VatorMan

100% the kids fault. TS will be cleared and deservedly so. I thought different, but video doesn't lie.

It's never 100% when two people are involved in anything.

[Jeff '79]

Originally Posted by ApexOversteer

He clearly goes under the tire. That is not to say that he doesn't grab/is-grabbed-by the wing. I agree, Ward and the wing have a moment. Which grabs what I can't tell, but the two definitely come together for a moment.

My theory looking at that video is he is not hit by the 45, crouches to see Tony through the letter slot of a window sprint cars have, contact with the wing is then made. It is possible Ward knew he was about to meet the RR tire and attemped to "ride" the wing to avoid the RR tire. He then gets sucked under the tire. You can see it in the way his body whips to the ground, there is obvious tire contact there.

From the way his body lay twisted at the waist, 180°, feet to head, his back got snapped by getting tire tracks all across his back.

[Jeff '79]

Originally Posted by American Made

It's never 100% when two people are involved in anything.

If I'm sitting at a red light and a car rear ends me..... Not my fault. 0% my fault.. Nada, zero, zilch...

[ApexOversteer]

Originally Posted by Jeff '79

From the way his body lay twisted at the waist, 180°, feet to head, his back got snapped by getting tire tracks all across his back.

I remember Willy T. Ribbs running over the track marshal like 25 years ago, the way the guy's body elongated as it was whipped to the ground. You can see the same thing in the Ward/Stewart video.