SAXTON: Tony Stewart facing lawsuit from family of Kevin Ward, Jr.

You just knew it would happen. The family of Kevin Ward, Jr. planned ever so carefully and held off on filing a wrongful death lawsuit against Tony Stewart until NASCAR was back at Watkins Glen and there would be a strong turnout of media to play up the lawsuit. It all has to do with Ward being killed in a Sprint car racing ACCIDENT at Canandaigua Motorsports Park located in upstate New York last year. Tony is getting the blame for the young racer’s death.

I am sure their attorney put together the plan of attack in an effort to get as much money out of Stewart as they possibly can. As seems to be the American way these days the lawsuit goes after the guy they figure has the deepest pockets. In this case it is Tony Stewart.

There is no mention made of money collected from the insurance company that covered the event. There must have been something for the Ward family from the track insurance or the sanctioning body insurance. Keep in mind, something that a lot of people seem to overlook, this was not a NASCAR race but judging from the media coverage you would have thought it was. Tony Stewart was just there to race like any of the other racers. He was doing it because he loved to have the opportunity to wheel a Sprint car on dirt. Many, including this writer, pointed out reasons for Tony not to do this. This accident, had it involved Ward and a lesser known racer, would have not made the first page of the sports section.

The year before he was injured in a sprint car accident. He missed the Chase. The Ward accident, notice I said accident, cost the young sprint racer his life and put Tony on the shelf for a few Cup races as he tried to recover from that tragedy. Again he missed the Chase.

This year has not been a good one for Stewart. He has been pretty much finishing back in the pack in the Cup events. He claims that he has not adjusted to the new rules that is the rules that were announced at the beginning of the season. And now there have been other rule changes as NASCAR tries to find the magic setup for Cup cars in an effort to bring excitement back to the sport.

However the excitement for Stewart seems to have vanished with many feeling that the Sprint car accidents have caused him to, perhaps, lose focus.

Sure I know Tony has problems with his temper. He has done foolish things in the past but there has been improvement. Perhaps the fact that he is part owner of four Cup teams, he owns Eldora Speedway and he has a variety of other business interests has caused him to look at life differently. I am sure that the past history of Stewart incidents and the fact that he is pretty well off financially made him a perfect target for some lawyer promising the Ward family that they would gain big financial rewards as a result of the lawsuit.

In everything I have read about the lawsuit so far there seems to be little emphasis being put on the mistakes made by young Mr. Ward on the track. I feel confident in saying that the 20-year-old was looking to use this event, racing against Tony Stewart, as a career enhancing moment. Unfortunately Ward spun out. He then broke a rule that is in place at a majority of tracks across the nation, he climbed out of his car and headed off down the track. Clearly he was not thinking clearly. Now that may have been as a result of the marijuana that was found in his system.

Even without the drug in his system climbing out of a race car while racers are still moving on the track is not a wise decision and had it not been done he would probably be alive today.

I have covered events that Tony Stewart has participated in for years and I know that he is not the even tempered individual that he should be at times but I feel strongly that he did not intentionally run into or run over Ward. It was an accident brought on most by the actions of the young driver who wanted to confront Tony and give him a piece of his mind. He felt certain that Tony had caused him to spin. A review of video that I have seen, many times, does not show that.

Of course there are those that feel Tony should be held responsible. I think he has been holding himself responsible. Those that feel he should have taken a drug test, had his race car impounded and tested, were reaching out to blame anyone, everyone, even NASCAR to a degree, for Ward’s death.

New York State prosecutors looked at, studied the videos and could find no evidence that Tony was a fault. They chose not to pursue charges against him. As far as I am concerned I think that should have been the end of it.

However we always seem to find lawyers that feel they can prove their case and even if they don’t perhaps they can get a large settlement just to make it all go away.

Kevin’s parents seem unable to accept that their son was at fault. He spun. He was mad. He wanted to place the blame on Tony Stewart for his accident. He climbed out of his car while the race cars were still in motion on the track. He ran down the track to confront Stewart and his race car. And he, according to an autopsy, had marijuana in his system (enough to impair his judgement). They feel that Tony lost his temper and that is what caused the death of their son. I can understand their thinking but I feel their thinking is wrong.

This will go on for quite a while. And it will do nothing to change the fact that a tragic accident happened that cost a young man, who was not thinking clearly, his life. We feel bad for the family but we think taking legal action is wrong on their part.

***RCN-TV Night is next up at Grandview with the NASCAR T.P.Trailers 358 Modifieds, BRC Late Models and Sportsman stock cars in action tomorrow night, 7:30 p.m. RCN has videotaped several Saturday night events for late week showing and have been doing that for a number of years giving the sport and its sponsors a great amount of exposure. In addition Ingersoll Rand will award a $600 IR tool pack to each NASCAR feature winner. The Blast From the Past Vintage Racers will also be in action.

And on Sunday, Aug. 23, 1 p.m. the Outlaw Enduro racers will be in action along with the Blast From the Past Vintage Racers.

Bernheisel Racing Components will sponsor the Saturday, Aug. 29 triple-header that will feature a 30-lap main event for the BRC Late Models with special incentives being offered. The T.P.Trailers 358 Modifieds and Sportsman will also be in action as the season gets very close to the final point events that will decide the championships.

Fans are reminded to continue to participate in the Ingersoll Rand Testing Contest. From 11 a.m. each Saturday to 11 p.m. on Sunday fans are invited to text IRToolsGRV to 313131 for a chance to win an IR prize pack.

Advance tickets for the annual Freedom 76 Classic set for Sept. 12 will be on sale at a special price of $35 with the adult ticket costing $40 on race day. Youngsters 6-11 pay $10 and under 6 are admitted free. And entry blanks for the big race will be available at the pit office.

In addition laps will be available for purchase for the Freedom 76. All money from the lap sponsorships goes to the racers.

***Dover International Speedway will again pay tribute to the victims of the Sept. 11, 2001 terrorist attacks with its annual 9/11 Memorial Blood Drive, set for Friday, Sept. 11 from 9 a.m. to 3 p.m. in the Dover Downs Hotel & Casino. This marks the 10th year that Dover International Speedway, Dover Downs Hotel & Casino and the Blood Bank of Delmarva have partnered for this honorable cause, dating back to 2006.

As a sign of appreciation toward all who sign up this year, each person will receive a pair of general admission tickets to the Saturday, Oct. 3, 2015 “Hisense 200” NASCAR XFINITY Series race at Dover International Speedway.

“The 9/11 Blood Drive has become a tradition we’ve established that makes us all very proud,” said Mike Tatoian, president and CEO of Dover International Speedway. “We’re honored to be able to pay tribute to those who lost their lives on that terrible day in 2001, while also contributing to a cause that continues to help so many today.”

The 9/11 Memorial Blood Drive is open to the public and appointments should be scheduled by calling 1-888-8-BLOOD-8 FREE or visiting www.DelmarvaBlood.org. Please be sure to reference the Dover International Speedway 9/11 event when making your appointment. Although advance appointments are strongly encouraged, walk-in donors will be welcomed and taken as time permits.

***Verizon IndyCars are in action this weekend at Pocono Raceway. IndyCars have always put on a good show at the Tricky Triangle so I doubt seriously that you would be disappointed if you showed up for the weekend of racing. The ABC Supply Co. 500-mile race is on Sunday. If you can’t get there in person you can watch on NBCSN if you are fortunate enough to get that network on your TV.