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Tony Stewart responds to wrongful death lawsuit

By The Sports Xchange
Two time Brickyard 400 winner Tony Stewart smiles after his qualification run for the 22nd running of the Brickyard 400 at the Indianapolis Motor Speedway on July 25, 2015 in Indianapolis, Indiana. Stewart will start 4th in the grid. Photo by Mike Gentry/UPI
1 of 2 | Two time Brickyard 400 winner Tony Stewart smiles after his qualification run for the 22nd running of the Brickyard 400 at the Indianapolis Motor Speedway on July 25, 2015 in Indianapolis, Indiana. Stewart will start 4th in the grid. Photo by Mike Gentry/UPI | License Photo

Tony Stewart responded to the wrongful death lawsuit by Kevin Ward Jr.'s family, claiming he did not see the 20-year-old driver until just before his sprint car struck him last year.

Stewart's local attorney, Brian Gwitt, filed the driver's response Friday in U.S. District Court in Utica, N.Y., according to ESPN.com. No trial date has been set and a scheduling conference is set for Oct. 8.

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Ward was killed Aug. 9, 2014, in an Empire Super Sprints race at Canandaigua (N.Y.) Motorsports Park when, after crashing, he approached the other cars on foot as they were riding around under caution. Stewart's car struck Ward, who was pronounced dead at a hospital 45 minutes later.

Stewart, a three-time NASCAR Sprint Cup champion, claims in the response that Ward actually tried to make contact with Stewart's car in the accident that resulted in Ward's death. Stewart states that Ward was responsible for his own death because he not only walked out onto an active race track but also because he was under the influence of marijuana at the time.

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The lawyer for Ward's parents commented on the filing to ESPN on Saturday, stating: "If Stewart didn't see Ward until just prior to impact, Stewart doesn't look where he's driving. Five other drivers easily avoided Ward, and Stewart revved his engine and hit him. As for whether Ward had smoked marijuana a few days before the race, that doesn't give Stewart the right to run Kevin over."

Ward's parents, Kevin and Pamela, seek unspecified damages for their son's pain and suffering as well as economic benefits and support he could have provided them.

Stewart was not indicted by a grand jury, and Ontario County (N.Y.) District Attorney Michael Tantillo said Ward was under the influence of marijuana the night of the accident "enough to impair judgment."

According to Stewart's response, Ward's toxicology report indicates that Ward used marijuana within five hours of the event.

"Stewart did not see Ward, Jr. or anyone else walking on foot on the track until just prior to contact, and did not know the identity of the person walking on the track until afterwards," the Stewart response stated. "Stewart was not aware that Ward, Jr. had crashed because the crash was behind him, and was not aware that anyone was walking on the track. Stewart did not know Ward, Jr., and had never had a previous track incident with him. Ward, Jr. approached Stewart's car and attempted to make contact with it. As a result of Ward. Jr.'s actions, Ward, Jr. was killed."

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